Ingraham v. Champion
Wisconsin Supreme Court
APPEAL from the Circuit Court for La Fayette, County. The facts are stated in the opinion. contended, inter alia, that the judgment was properly revived under sec. 3463, R. S. The term “ civil action ” in that section does not mean a new civil action in cases where, before the adoption of the statute, the remedy was obtained by a step taken in an existing action.
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APPEAL from the Circuit Court for La Fayette, County. The facts are stated in the opinion. contended, inter alia, that the judgment was properly revived under sec. 3463, R. S. The term “ civil action ” in that section does not mean a new civil action in cases where, before the adoption of the statute, the remedy was obtained by a step taken in an existing action. The object of oh. 120, Laws of 1856 (in which the section in question was first enacted as sec. 331), was to shorten, simplify, and cheapen legal practice and proceedings. See preamble. If a new civil action is required by sec. 3463,…
1Opinion of the CourtOetoh, J.
This is a motion (the notice thereof shortened to three days by a rule to show cause) to revive the judgment in the above case so that it may be “ a subsisting judgment,” after it has been barred by the statute of limitation of twenty, years. The motion is based upon an affidavit of W. E. Carter, Esq., the attorney of the plaintiffs, which states substantially the following facts: (1) The judgment was rendered on the 7th day of December, 1870, for $685.95, and no part thereof has ever been paid, and it is still subsisting and valid, but it will expire by limitation December *2377, 1890. (2) The…
2Cases cited12 opinions
- Truscott v. . KingNew York Court of Appeals · 1852
- Troup v. WoodNew York Court of Chancery · 1820
- Denegre v. HaunSupreme Court of Iowa · 1862
- Challenor v. NilesIllinois Supreme Court · 1875
- Gray v. ThrasherMassachusetts Supreme Judicial Court · 1870
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3Cited by6 opinions
- Chase Lumber & Fuel Co., Inc. v. ChaseCourt of Appeals of Wisconsin · 1999
- Brown v. HopkinsWisconsin Supreme Court · 1899
- Meier v. PurdunWisconsin Supreme Court · 1975
- Smith v. KanderMissouri Court of Appeals · 1894
- Smith v. CarlsonAppellate Court of Illinois · 1955
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