Duras v. Keller
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Gustave G. Gei-irz, Circuit Judge. This action was begun in the civil court of Milwaukee county to recover $2,000 damages alleged to have been sustained by reason of a defective walk upon the premises leased by the plaintiff from the defendants. Issue was joined, the matter was brought on for trial, a jury impaneled and sworn, and a recess was taken. The record then shows: “Settlement effected.
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Appeal from a judgment of the circuit court for Milwaukee county: Gustave G. Gei-irz, Circuit Judge. This action was begun in the civil court of Milwaukee county to recover $2,000 damages alleged to have been sustained by reason of a defective walk upon the premises leased by the plaintiff from the defendants. Issue was joined, the matter was brought on for trial, a jury impaneled and sworn, and a recess was taken. The record then shows: “Settlement effected. By consent of the parties, by their respective attorneys, it is ordered that the above entitled action be and the same hereby is…
1Opinion of the CourtRosenberry, J.
It is the claim of the defendants that the court was without jurisdiction or authority to enter the judgment appealed from.
*90' Before proceeding to consider that matter it will be necessary to dispose of some preliminary matters. The determination entered on October 20th, although in form an order, was in fact a final judgment as defined by sec. 2882, Stats., for the reason that it was a final determination of the rights of the parties in the action. Although not based upon a'verdict or findings of the court, it was a judgment by consent and operated to waive any defects in the pleadings or any…
2Cases cited2 opinions
- Holloway v. City of DurhamSupreme Court of North Carolina · 1918
- Loomis v. BesseWisconsin Supreme Court · 1912
3Cited by3 opinions
- Werner v. RiemerWisconsin Supreme Court · 1949
- Noyes v. Bankers Indemnity InsuranceMassachusetts Supreme Judicial Court · 1940
- Coulter v. SmithSupreme Court of Iowa · 1926