Gould v. Jackson

Sec. 270.95, Stats., provides:

“Action on judgment, when brought. No action shall be brought upon a judgment rendered in any court of this state, except a court of a justice of the peace, between the same parties, without leave of the court, for good cause shown, on notice to the adverse party.”

The sole question for determination is whether or not plaintiff, the assignee of the judgment, is the same party as the assignor in the contemplation of the statute so that he must obtain leave to bring this action. Neither sec. 270.95, Stats., nor its predecessors have ever been construed in Wisconsin,…