Holman v. Lueck
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Clark county: James O’Neill, Circuit Judge. This is an appeal from a judgment in favor of the plaintiff and against the defendant on two promissory notes, one for $125 and the other for $53.52. The action was brought in justice’s court, where judgment was rendered in favor of the defendant, and upon appeal to the circuit court a verdict was directed in favor of the plaintiff subject to the opinion of the court upon questions of…
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Appeal from a judgment of the circuit court for Clark county: James O’Neill, Circuit Judge. This is an appeal from a judgment in favor of the plaintiff and against the defendant on two promissory notes, one for $125 and the other for $53.52. The action was brought in justice’s court, where judgment was rendered in favor of the defendant, and upon appeal to the circuit court a verdict was directed in favor of the plaintiff subject to the opinion of the court upon questions of law. It was stipulated that any questions of fact arising might be decided by tbe court without a jury. The court,…
1Opinion of the CourtKjeewiN, J.
The appellant contends (1) that the plaintiff’s cause of action was barred by payment under orders of the court in the garnishee proceedings; and (2) that judgment in former action between the same parties to this action is a bar. '
1. Under the first contention it appears from the record that two actions were commenced in justice’s court by one Radke against Daebel, payee named in the notes here in *377suit, one in September, 1903, and tbe other in April, 1901, and the defendant in this action garnished in said actions. Snch proceedings were had that judgment was rendered against the defendant…
2Cases cited4 opinions
- Wisconsin Central Railroad v. Ashland CountyWisconsin Supreme Court · 1891
- Adams v. FilerWisconsin Supreme Court · 1859
- Frels v. Little Black Farmers' Mutual InsuranceWisconsin Supreme Court · 1904
- John R. Davis Lumber Co. v. First National Bank of MilwaukeeWisconsin Supreme Court · 1893
3Cited by1 opinion
- Liberty v. LibertyWisconsin Supreme Court · 1937