Strehlau v. John Schroeder Lumber Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Oneida county: A. H. Reid, Circuit Judge; Action for personal injuries. A former action for the same injuries resulted in a judgment of nonsuit, which was affirmed by this court. 142 Wis. 215, 125 N. W. 429. After that affirmance this action was commenced, and the appellant’s claim is that the complaint and the evidence in the present action contain additional facts which substantially differentiate the present action from the…
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Appeal from a judgment of tbe circuit court for Oneida county: A. H. Reid, Circuit Judge; Action for personal injuries. A former action for the same injuries resulted in a judgment of nonsuit, which was affirmed by this court. 142 Wis. 215, 125 N. W. 429. After that affirmance this action was commenced, and the appellant’s claim is that the complaint and the evidence in the present action contain additional facts which substantially differentiate the present action from the former. The facts appearing on the trial of the first action will be found very succinctly stated in the statement of…
1Opinion of the Court
WiNsnow, O. J.
The effect of the judgment in the former action is necessarily the first question for consideration.
It is familiar law that a judgment of nonsuit, voluntary or involuntary, is not a bar to another action upon the same cause. Gummer v. Omro, 50 Wis. 247, 6 N. W. 885; Gratz v. Parker, 137 Wis. 104, 118 N. W. 637. It is also familiar law that when a case is brought to this court upon appeal from an order sustaining or overruling a demurrer, the law as held *592by this court in its opinion becomes the law of the case, and binds the parties and the courts in all subsequent proceedings in…
2Cases cited6 opinions
- Cape v. Plymouth Congregational ChurchWisconsin Supreme Court · 1906
- Gummer v. Trustees of OmroWisconsin Supreme Court · 1880
- Gratz v. ParkerWisconsin Supreme Court · 1908
- Euting v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1904
- Finney v. GuyWisconsin Supreme Court · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Klapinski v. PolewskiWisconsin Supreme Court · 1963
- Krueger v. WintersWisconsin Supreme Court · 1967
- Hooper v. City of OshkoshWisconsin Supreme Court · 1927
- Thomas v. Lockwood Oil Co.Wisconsin Supreme Court · 1922
- Griffin v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1924
5 more not listed; retrieve them via the Exa API.