Cooley v. Gregory
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. Appeal from an order denying an application to set aside an execution and satisfy the judgment rendered in the action.
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APPEAL from the Circuit Court for Dane County. Appeal from an order denying an application to set aside an execution and satisfy the judgment rendered in the action. The defendant’s motion papers show that Cooley, Wadsworth fy Farwell, had recovered a judgment against West & Gregory, upon which there was on the 3d of Dec. 1860, due and unpaid, the sum of $463.36, and that on that daj Gregory made an agreement with the plaintiffs’ attorney by which he consented to the issuing of an execution on the judgment lor that sum, and was to pledge 600 bushels of wheat for the payment of the amount due,…
1Opinion of the Court
By the Court,
Dixon, C. J.
The order is appealable. It is a final order affecting a substantial right, made upon a summary application in an action after judgment. Laws of 1860, chap. 264, sec. 10, subd. 2.
It is well settled in modern practice, that for facts arising after judgment, or after the time has passed before judgment in which the party can avail himself of them in the action, showing that the judgment ought not to be executed in whole or in part, relief may be given upon motion to vacate the judgment, to order it satisfied, or to stay proceedings, according to the circumstances of the…
2Cases cited1 opinion
- Spafford v. City of JanesvilleWisconsin Supreme Court · 1862
3Cited by13 opinions
- Harding v. HawkinsIllinois Supreme Court · 1892
- Smith v. LockwoodWisconsin Supreme Court · 1874
- Amory v. AmoryWisconsin Supreme Court · 1870
- Scheer v. KeownWisconsin Supreme Court · 1874
- Lillie v. DennertCourt of Appeals for the Sixth Circuit · 1916
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