Zastrow v. Milwaukee Electric Railway & Light Co.

We have not set out in detail all the allegations in the complaint that show a cause of action once existing for damages for personal injuries or for fraud in obtaining the justice’s court judgment, for we shall assume plaintiff had a cause of action for both. ' It is not quite clear that the circuit court passed upon the merits of the validity of the justice’s court judgment. If we assume that it did, then its decision upon that point is res judicata because it has not been appealed from and stands unreversed. If we assume that it did not, as we do, then plaintiff could still maintain an…