First National Exchange Bank v. Harvey
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: E. T. Fairci-iild, Circuit Judge. The appeal is from an order sustaining a demurrer to defendant’s counterclaim. This action is brought to recover on two judgments, aggregating about $4,400, rendered against one J. E. Latimer and the defendant, Harvey, in the courts of Ohio.
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Appeal from an order of the circuit court for Milwaukee county: E. T. Fairci-iild, Circuit Judge. The appeal is from an order sustaining a demurrer to defendant’s counterclaim. This action is brought to recover on two judgments, aggregating about $4,400, rendered against one J. E. Latimer and the defendant, Harvey, in the courts of Ohio. The defendant counterclaimed for equitable relief enjoining the enforcement of the judgments, for the reason that the same were procured by fraud, conspiracy, and perjury. The counterclaim alleges, among other things, that the judgments sued upon were based…
1Opinion of the CourtOwen, J.
The defendant seeks to invoke the aid of a court of equity to prevent the enforcement of the judgments sued upon on the ground that they were procured by means of perjury. True, fraud and conspiracy is also alleged, but it does not appear that such fraud and conspiracy in any manner restrained the defendant from interposing a defense to the original causes of action or- influenced his conduct with reference thereto in any way. He was not deceived or misled by the alleged conspiracy, and if the court was imposed upon in any manner it was by virtue of the perjury which the defendant alleges,…
2Cases cited3 opinions
- Laun v. KippWisconsin Supreme Court · 1914
- Boring v. OttWisconsin Supreme Court · 1909
- Stowell v. EldredWisconsin Supreme Court · 1870
3Cited by3 opinions
- Plumbers Woodwork Co. v. Merchants Credit & Adjustment BureauWisconsin Supreme Court · 1929
- Dekker v. WerginCourt of Appeals of Wisconsin · 1997
- Zastrow v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1924