Stein v. Benedict
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The plaintiff, Stem, brought this action against Henry Benedict, Charles H. Bellaelc, Philip Stein, and James M, Percies and Thomas J. Percies, trustees of the estate of William E. Lamberton, deceased, and Michael Walsh, sheriff, etc., defendants; and his complaint is, in substance, that the defendants Benedict and Stein were copartners with him as merchants, under an agreement that Philip Stein should be special partnér,…
Read the full summary
APPEAL from the Circuit Court for Milwaukee County. The plaintiff, Stem, brought this action against Henry Benedict, Charles H. Bellaelc, Philip Stein, and James M, Percies and Thomas J. Percies, trustees of the estate of William E. Lamberton, deceased, and Michael Walsh, sheriff, etc., defendants; and his complaint is, in substance, that the defendants Benedict and Stein were copartners with him as merchants, under an agreement that Philip Stein should be special partnér, and contribute $25,000, Ilenry Benedict the sum of $35,000, and the plaintiff $25,000, profits to be divided, one half to…
1Opinion of the CourtPinney, J.
1. It is well settled that one circuit court of this state will not restrain the collection or enforcement of a judgment rendered in another circuit court of the state, for legal or equitable relief; and the-rule is the same whether the second action be brought by a party or a stranger to the first. The proper course is to apply by petition for relief in the first suit. The power of the court in which the first judgment or decree has been rendered, to grant relief in cases like this, is undoubted. This has long since passed beyond the field of discussion, and must be regarded as settled…
2Cases cited17 opinions
- Embry v. PalmerSupreme Court of the United States · 1883
- Knox County v. HarshmanSupreme Court of the United States · 1890
- Hendrickson v. HinckleySupreme Court of the United States · 1855
- Hunter v. BosworthWisconsin Supreme Court · 1878
- Northwestern Mutual Life Insurance v. Park Hotel Co.Wisconsin Supreme Court · 1875
12 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Zinc Carbonate Co. v. First National Bank of ShullsburgWisconsin Supreme Court · 1899
- Bragg v. GaynorWisconsin Supreme Court · 1893
- Crowns v. Forest Land Co.Wisconsin Supreme Court · 1899
- Remington v. Eastern Railway Co. of MinnesotaWisconsin Supreme Court · 1901
- Freeman v. WoodNorth Dakota Supreme Court · 1901
20 more not listed; retrieve them via the Exa API.