Sutton v. Chapman
Wisconsin Supreme Court
APPEAL from the Circuit Oourt for OoVwmhia County. In May, 1883, the plaintiff John J. Sutton recovered a judgment in justice’s court against the defendant, Abneron Ohapman, for $159.77, damages, and $17.24, costs, and immediately filed a transcript thereof in the office of the clerk of the circuit court for Columbia county. Ohapman appealed from the judgment, but gave no undertaking to stay execution, and an execution was issued and returned unsatisfied.
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APPEAL from the Circuit Oourt for OoVwmhia County. In May, 1883, the plaintiff John J. Sutton recovered a judgment in justice’s court against the defendant, Abneron Ohapman, for $159.77, damages, and $17.24, costs, and immediately filed a transcript thereof in the office of the clerk of the circuit court for Columbia county. Ohapman appealed from the judgment, but gave no undertaking to stay execution, and an execution was issued and returned unsatisfied. In June, 1883, one Eoberts recovered a judgment against Chapman for $154.34, damages and costs. Afterwards, while the appeal of Ohapman…
1Opinion of the Court
Cole, O. J.
The order appealed from cannot be sustained on the ground that it was in the nature of a setoff of one judgment against another. The facts do not present a case for the exercise of that power on the part of the court. The equity suit, when settled, was pending in Jefferson circuit, and included other par-ties as well as the parties to this action. Undeniably that action had been settled, and the judgments sought to be collected in that proceeding had been paid. It is true, one of those judgments was the one in favor of the appellant which he had obtained in the justice’s court. The…
2Cited by2 opinions
- Chapman v. SuttonWisconsin Supreme Court · 1887
- Wallber v. WilmannsWisconsin Supreme Court · 1903