Merritt v. Baldwin
Wisconsin Supreme Court
APPEAL IN EQUITY EROJI THE WINNEBAGO CIRCUIT COURT. The bill sets forth that on the 20th clay of January, 1855, the defendant sued the complainant before C. Coolbangh, a justice of the peace of Winnebago county, for damages for the breach of the conditions of a certain lease between the parties, and therein recovered judgment for sixteen dollars and eighty-seven cents, and costs; from which judgment complainant appealed to the circuit court of said county, wherein, when the…
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APPEAL IN EQUITY EROJI THE WINNEBAGO CIRCUIT COURT. The bill sets forth that on the 20th clay of January, 1855, the defendant sued the complainant before C. Coolbangh, a justice of the peace of Winnebago county, for damages for the breach of the conditions of a certain lease between the parties, and therein recovered judgment for sixteen dollars and eighty-seven cents, and costs; from which judgment complainant appealed to the circuit court of said county, wherein, when the cause there came on for trial, the defendant (then being plaintiff), suffered a voluntary non-suit, because the court…
1Opinion of the Court
By the Court,
Smith, J.
The bill in this case was filed by the complainant to enjoin perpetually a judgment obtained by the defendant against him before a justice of the peace of the county of Winnebago, for about ninety-six dollars.
The grounds upon which he predicates his claim to the relief prayed for, are,
*443“ 1st. That the judgment was fraudulently procured by the “ complainant.
“ 2d. That no service of process was ever had upon said “ defendant, sufficient to give the justice before whom it was “ obtained, jtuisdiction.
“ 3d. The complainant was prevented, through no laches or “ fault of his…
2Cited by9 opinions
- Stowell v. EldredWisconsin Supreme Court · 1870
- Baizer v. LaschWisconsin Supreme Court · 1871
- Holden v. MeadowsWisconsin Supreme Court · 1872
- Uecker v. ThiedtWisconsin Supreme Court · 1907
- Wright v. EatonWisconsin Supreme Court · 1859
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