Legal Opinion

Cole v. Mitchell

Wisconsin Supreme Court

Decided May 20, 1890PublishedCited by 5 opinions

APPEAL from the Circuit Court for Juneau County. On May 2, 1889, the following notice was served upon the respondents: “ [Title of cause.] The defendants in the above-entitled action will please take notice that application will be made to said court, at the court house in the ci,ty of Madison, Dane county, Wisconsin, on the 6th day of May, 1889, at 10 o’clock in the forenoon of that day, for leave to bring an action on the judgment recovered therein on the 7th day of May,…

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APPEAL from the Circuit Court for Juneau County. On May 2, 1889, the following notice was served upon the respondents: “ [Title of cause.] The defendants in the above-entitled action will please take notice that application will be made to said court, at the court house in the ci,ty of Madison, Dane county, Wisconsin, on the 6th day of May, 1889, at 10 o’clock in the forenoon of that day, for leave to bring an action on the judgment recovered therein on the 7th day of May, 1869, on which judgment there is now due and unpaid the sum of four hundred ($400) dollars. Said judgment was recovered…

1Opinion of the CourtOktoh, J.

The judgment in this case was rendered May 7, 1869. On May 2,1889, notice was served on the defendants that the plaintiff would make application to the court on May 6, 1889, at 10 o’clock in the forenoon, for leave to bring an action on said judgment. On that day the defendants appeared specially for the purpose of objecting to the jurisdiction and authority of the court to grant said motion. The court,, however, sustained said motion, and granted such leave. The statute under which this motion was made is as follows: “ No action shall be brought upon a judgment rendered in any court of this…

2Cases cited6 opinions

  1. Flint River Steamboat Co. v. FosterSupreme Court of Georgia · 1848
  2. Rockwell v. . NearingNew York Court of Appeals · 1866
  3. Salter v. HilgenWisconsin Supreme Court · 1876
  4. Schobacher v. Germantown Farmers' Mutual InsuranceWisconsin Supreme Court · 1883
  5. McKernan v. . RobinsonNew York Court of Appeals · 1881

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Day v. MertlockWisconsin Supreme Court · 1894
  2. Milwaukee Mutual Loan & Building Society v. JagodzinskiWisconsin Supreme Court · 1893
  3. Meier v. PurdunWisconsin Supreme Court · 1975
  4. First Wisconsin National Bank v. RischeWisconsin Supreme Court · 1962
  5. Smith v. WilsonWisconsin Supreme Court · 1894

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