Wawrzyniakowski v. Hoffman & Billings Manufacturing Co.
Wisconsin Supreme Court
Appeal from an order of the eircnit court for Milwaukee county: J. 0. Ludwig, Circuit Judge. An order was made by the superior court of Milwaukee county, presided over by Hon. J. C. Ludwig, judge of said court, December 6,' 1902, pursuant to a motion of defendant’s attorneys, based on a stipulation, dismissing the action without costs to either party. No formal judgment was entered.
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Appeal from an order of the eircnit court for Milwaukee county: J. 0. Ludwig, Circuit Judge. An order was made by the superior court of Milwaukee county, presided over by Hon. J. C. Ludwig, judge of said court, December 6,' 1902, pursuant to a motion of defendant’s attorneys, based on a stipulation, dismissing the action without costs to either party. No formal judgment was entered. January 8th, thereafter, a second order was entered in the action by said superior court, Hon. Obeew T. Williams,, judge presiding, for a judgment dismissing the case upon the merits without costs to either party,…
1Opinion of the Court
. MaRShall, J.
It is plain from the statement that the stipulation authorized only a mere dismissal of the action and the first order was entered in exact conformity therewith. In terms and legal effect it terminated the action. The language thereof was that “the action be and is hereby dismissed without costs to either party.” That certainly ended the proceeding (2 Wait, Prac. 515), leaving nothing further for appellant’s attorney to do in regard thereto.
It follows that the subsequent proceedings were entirely unnecessary and outside of anything contemplated mutually by the parties, if not…
2Cases cited1 opinion
- Robbins v. KountzWisconsin Supreme Court · 1878
3Cited by4 opinions
- Wawrzyniakowski v. Hoffman & Billings Manufacturing Co.Wisconsin Supreme Court · 1911
- Burnham Bros. Brick Co. v. RiesenWisconsin Supreme Court · 1925
- Rhodes v. RhodesSupreme Court of Kansas · 1920
- Anderson v. LudwigWisconsin Supreme Court · 1946