Driscoll v. Damp
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bodge County. This action was brought by Margaret Driscoll against Simon P. Damp for money had and received of her by him, amounting to $15, and interest from October 8th, 1859. The defendant pleaded in bar a judgment previously rendered against the plaintiff at the suit of Simon P. Damp and Andrew J. Damp, for $24.95 damages, which, he alleged, included the claim in question.
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APPEAL from the Circuit Court for Bodge County. This action was brought by Margaret Driscoll against Simon P. Damp for money had and received of her by him, amounting to $15, and interest from October 8th, 1859. The defendant pleaded in bar a judgment previously rendered against the plaintiff at the suit of Simon P. Damp and Andrew J. Damp, for $24.95 damages, which, he alleged, included the claim in question. On the first trial, judgment was rendered in favor of the plaintiff for the amount of her claim. The supreme court reversed this decision, and remanded the cause for a new trial. 6…
1Opinion of the Court
By the Court,
Dixosr, C. J.
However unjust and wrong it may be for the defendant to keep the money, a part of which is admitted to have been first paid and then collected upon the judgment, yet this action cannot be maintained. The judgment is a bar to all agitation of that question, and conclusive in law that the merits were then determined. It is conclusive that the sum for which it was rendered was then actually due and unpaid. This is the effect ordinarily ascribed to judgments in all collateral proceedings, and the facts do not bring this case within any exception which has ever been…
2Cases cited2 opinions
- Loring v. MansfieldMassachusetts Supreme Judicial Court · 1821
- Woodward v. HillWisconsin Supreme Court · 1858
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- Heath v. FrackletonWisconsin Supreme Court · 1866
- Skalecki v. FrederickWisconsin Supreme Court · 1966
- Burbank v. NorrisSuperior Court of New Hampshire · 1807