Turner v. Nachtsheim
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Action to recover for legal services. A bill of particulars is-annexed to the complaint and made a part of it, containing twenty items for services rendered, commencing September 1, 1886, and ending May 2, 1887. The answer, in substance and effect, is a general denial. The plaintiffs applied to the court for a reference of the cause, but the court denied the application.
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APPEAL from the Circuit Court for Milwaukee County. Action to recover for legal services. A bill of particulars is-annexed to the complaint and made a part of it, containing twenty items for services rendered, commencing September 1, 1886, and ending May 2, 1887. The answer, in substance and effect, is a general denial. The plaintiffs applied to the court for a reference of the cause, but the court denied the application. The order denying the motion gives no leave to renew it. Subsequently, at the same term, the plaintiffs moved to vacate such order, and that the cause be referred. The…
1Opinion of the CourtLyoN, J.
1. It is claimed on behalf of defendant that the first order, which denied the motion to refer the cause, is res adjudicata of the question, and that the court had no power to make the second order, from which this appeal is taken. Had the court referred the cause without vacating the first order, the objection would be well taken, because that order is absolute in its terms. This court has frequently so held. But it was entirely competent for the court to vacate that order at any time during the term at which it was made, and when that tvas done it ceased to be an impediment to a reference…
2Cited by9 opinions
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- Lyle v. EsserWisconsin Supreme Court · 1898
- State ex rel. Wingenter v. Circuit Court for Walworth CountyWisconsin Supreme Court · 1933
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