Legal Opinion

Barlow & Seelig Manufacturing Co. v. Patch

Wisconsin Supreme Court

Decided December 3, 1940Published

1Opinion of the CourtWickhem, J.

The sole question debated upon this appeal is whether in entering the judgment appealed from the circuit court followed the mandate of this court. If it did, the judgment so entered is the judgment of this court and cannot be appealed from. If it did not, the remedy is by mandamus, and this court will not entertain an appeal. The sole remedy of defendant is an original action invoking the supervisory power of this court to compel the lower court to follow its mandate. Falk v. Wisconsin Tax Comm. 204 Wis. 518, 235 N. W. 925; Miswald-Wilde Co. v. Armory Realty Co. 213 Wis. 354, 251 N. W. 450.…

2Cases cited2 opinions

  1. Falk v. Wisconsin Tax CommissionWisconsin Supreme Court · 1931
  2. Miswald-Wilde Co. v. Armory Realty Co.Wisconsin Supreme Court · 1933

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