Legal Opinion

McDonough v. Milwaukee & Northern Railroad

Wisconsin Supreme Court

Decided September 20, 1887PublishedCited by 5 opinions

APPEAL from the Circuit Court for Brown County. The following statement of the case was prepared by Mr. Justice Oassoday: October 5, 1886, a judgment was entered in said action in the following ivords and figures, to wit: “ The above entitled action having come on for trial before a ’jury on the 23d day of April, A. D. 1884, and a jury having been impaneled, and the same having been duly tried, II. J. Huntington, Esq., appearing on behalf of said plaintiff, and George II.

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APPEAL from the Circuit Court for Brown County. The following statement of the case was prepared by Mr. Justice Oassoday: October 5, 1886, a judgment was entered in said action in the following ivords and figures, to wit: “ The above entitled action having come on for trial before a ’jury on the 23d day of April, A. D. 1884, and a jury having been impaneled, and the same having been duly tried, II. J. Huntington, Esq., appearing on behalf of said plaintiff, and George II. Noyes, Esq., on behalf of said defendant, and the jury having by direction of the court rendered their verdict herein for…

1Opinion of the Court

Cassodát, J.

In October, 1881, this court in effect held that where a defendant on a trial obtained a compulsory nonsuit, and, after being requested by the plaintiff, unreasonably neglected to enter judgment thereon, the defeated party could not enter judgment for him, nor compel him to enter judgment, except by an order of court upon due application. Ballou v. C. & N. W. R. Co. 53 Wis. 150. To remedy that evil, the legislature a few months afterwards in effect enacted that “ whenever the finding of a court shall be filed, or the verdict of a jury shall be rendered in any cause, it shall be…

2Cases cited4 opinions

  1. Ballou v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1881
  2. Cornish v. Milwaukee & Lake Winnebago RailroadWisconsin Supreme Court · 1884
  3. Crocker v. CurrierWisconsin Supreme Court · 1886
  4. Blomberg v. StewartWisconsin Supreme Court · 1886

3Cited by5 opinions

  1. Dresser v. LemmaWisconsin Supreme Court · 1904
  2. Schrank v. PhilibeckWisconsin Supreme Court · 1947
  3. Voegeli v. VoegeliWisconsin Supreme Court · 1931
  4. Jenks v. AllenWisconsin Supreme Court · 1913
  5. Fox River Flour & Paper Co. v. KelleyWisconsin Supreme Court · 1887

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