Paine v. Chase
Wisconsin Supreme Court
ERROR to the Circuit Court for Racine County. Paine and Millett brought an action in the Racine circuit court, upon a transcript of ajudgment alleged to have been rendered in favor of one Ayre against Chase in the court of common pleas of Greauga County, Ohio, on the 3d of April, 1838, and to have been assigned to the present plaintiffs. Judgment was rendered against the defendant, upon affidavit of service of the summons and complaint and of no answer or demurrer served.
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ERROR to the Circuit Court for Racine County. Paine and Millett brought an action in the Racine circuit court, upon a transcript of ajudgment alleged to have been rendered in favor of one Ayre against Chase in the court of common pleas of Greauga County, Ohio, on the 3d of April, 1838, and to have been assigned to the present plaintiffs. Judgment was rendered against the defendant, upon affidavit of service of the summons and complaint and of no answer or demurrer served. In October, 1859, the defendant moved the court upon the judgment roll and other papers on file in the cause,.to set aside…
1Opinion of the Court
By the Court,
Dixon, 0. J.
The plaintiffs in error have mistaken their remedy. The order setting aside the judgment below for irregularity cannot be reviewed upon this writ. A writ of error can be brought only on a judgment or an award in the nature of a judgment. It is manifest *654or^er ^11 duestiorL bears no resemblance to either. The remedy was by an appeal from the order in the manner prescribed by statute.
December 30.
Writ dismissed.
The clerk having entered judgment against the plaintiff in error for costs, a motion was afterwards made to set aside the judgment, which was disposed of in the…
2Cases cited6 opinions
- Mitchell v. KennedyWisconsin Supreme Court · 1853
- Williams v. BluntMassachusetts Supreme Judicial Court · 1806
- Brown v. DelanoMassachusetts Supreme Judicial Court · 1815
- Dixon v. HillIndiana Supreme Court · 1856
- Pratt v. BrownWisconsin Supreme Court · 1856
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State ex rel. Durner v. HueginWisconsin Supreme Court · 1901
- State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
- Durkee v. City of JanesvilleWisconsin Supreme Court · 1871
- Crocker v. StateWisconsin Supreme Court · 1884
- Felt v. FeltWisconsin Supreme Court · 1865
6 more not listed; retrieve them via the Exa API.