Dolph v. Clemens
Wisconsin Supreme Court
APPEAL m EQUITY PROM THE CIRCUIT COURT OP WAUKESHA COUNTY. Both the parties took an appeal in this case, and it is understood that they were both heard together. -The pleadings and proofs are quite voluminous, but the mutual portions will be condensed as much as possible.
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APPEAL m EQUITY PROM THE CIRCUIT COURT OP WAUKESHA COUNTY. Both the parties took an appeal in this case, and it is understood that they were both heard together. -The pleadings and proofs are quite voluminous, but the mutual portions will be condensed as much as possible. In the month of September, 1849, Clemens recovered two judgments against Dolph, before justices of the peace, one for $10 damages and $11.50 costs, and another for $155 damages) and $12.17 costs, both of which were appealed to the Circuit Court of Waukesha county. While these appealéd suits were pending, the parties entered…
1Opinion of the Court
By the Court,
Cole, J.
We are not able to understand upon what ground the Circuit Court proceeded, in rendering the de cree in this cause. For if the hypothesis be adopted that the submission of the suits pending on appeal to arbitrators, did not operate as a discontinuance of them, or did not in any way affect the judgments of the justice; that those judgments at the time the transcripts were filed, were good.and valid judgments, and the sales made under them, legal and proper, we cannot then see why Clemens should not have his sheriff’s deed upon the ■expiration of the time given by statute…
2Cases cited4 opinions
- Wells v. LaneCourt for the Trial of Impeachments and Correction of Errors · 1835
- People v. Onondaga Common PleasNew York Supreme Court · 1828
- Emery v. HitchcockNew York Supreme Court · 1834
- Miller v. Van AnkenNew York Supreme Court · 1828
3Cited by7 opinions
- Groat v. PrachtSupreme Court of Kansas · 1884
- Jones v. ThomasWisconsin Supreme Court · 1904
- Brace v. StacyWisconsin Supreme Court · 1882
- Call v. BallardWisconsin Supreme Court · 1886
- Gear v. BrackenWisconsin Supreme Court · 1842
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