Sackett v. Price County
Wisconsin Supreme Court
Appeal from orders of tbe circuit court for Price county: •JohN K. Paeish, Circuit Judge. Tbe plaintiff filed bis claim witb tbe county board for certain fees as justice of tbe peace, and appealed to tbe circuit court for Price county from an order disallowing it in part. In tbe circuit court defendant filed a formal answer to tbe claim and also set up a counterclaim. Tbe action was tried without a jury during tbe January term, 1905, and taken under advisement.
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Appeal from orders of tbe circuit court for Price county: •JohN K. Paeish, Circuit Judge. Tbe plaintiff filed bis claim witb tbe county board for certain fees as justice of tbe peace, and appealed to tbe circuit court for Price county from an order disallowing it in part. In tbe circuit court defendant filed a formal answer to tbe claim and also set up a counterclaim. Tbe action was tried without a jury during tbe January term, 1905, and taken under advisement. Afterwards and on July 5, 1905, a certain paper purporting to be findings of fact and conclusions of law, but without any signature…
1Opinion of the CourtKerwin, J.
1. From the record before us we are convinced that the clerk of the court was without authority to enter judgment in tbe action. The alleged judgment appearing upon tbe record was, therefore, not the judgment of the court. There is nothing to show that the court ever passed upon the issues involved in the action or directed tbe clerk to enter judgment. It appears that the clerk entered the alleged judgment under tbe mistaken apprehension that the findings bad been signed by the judge, and did not discover that they were not until after the record bad been made up. It also appears from tbe…
2Cases cited6 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Ætna Life Insurance v. McCormickWisconsin Supreme Court · 1866
- Duncan v. DuncanWisconsin Supreme Court · 1901
- E. M. Fish Co. v. YoungWisconsin Supreme Court · 1906
- Stahl v. GotzenbergerWisconsin Supreme Court · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State Ex Rel. Wall v. SovinskiWisconsin Supreme Court · 1940
- State ex rel. Lang v. Civil Court of Milwaukee CountyWisconsin Supreme Court · 1938
- Godfrey v. WrightWisconsin Supreme Court · 1912
- Jordan v. JordanIndiana Court of Appeals · 1922