Fischbeck v. Mielenz
Wisconsin Supreme Court
Appeal from a judgment and an order of the circuit court for Milwaukee county: OeeeN T. Williams, Circuit Judge. This case was before tbis court on a former appeal and is reported in 119 Wis. 27 (96 N. W. 426). The facts are quite fully stated in the report of the case, and it is only necessary here to state what occurred after th.e cause was remanded. The circuit court ordered a reference to hear, try, and determine the issues which this court decided should be again tried.
Read the full summary
Appeal from a judgment and an order of the circuit court for Milwaukee county: OeeeN T. Williams, Circuit Judge. This case was before tbis court on a former appeal and is reported in 119 Wis. 27 (96 N. W. 426). The facts are quite fully stated in the report of the case, and it is only necessary here to state what occurred after th.e cause was remanded. The circuit court ordered a reference to hear, try, and determine the issues which this court decided should be again tried. The referee filed his findings of fact and conclusions of law October 31, 1904. On December 3, 1904, appellant moved to…
1Opinion of the Court
The following opinion was filed October 26, 1915:
BaeNes, J.
It is the settled law of this state that a valid judgment cannot be set aside after the term at which it is entered, except under provisions of sec. 2832, Stats. And where relief is asked under this section, not only the motion but the order itself must be made within one year after the moving party has notice of the judgment. Whitney v. Karner, 44 Wis. 563; Edwards v. Janesville, 14 Wis. 26; Spafford v. Janesville, 15 Wis. 474; Flanders v. Sherman, 18 Wis. 575, 593; Ætna L. Ins. Co. v. McCormick, 20 Wis. 265; Hartshorn v. M. & St. P.…
2Cases cited35 opinions
- Cooper v. ReynoldsSupreme Court of the United States · 1870
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Cowie v. StrohmeyerWisconsin Supreme Court · 1912
- Zinc Carbonate Co. v. First National Bank of ShullsburgWisconsin Supreme Court · 1899
- Hogan v. StateWisconsin Supreme Court · 1874
30 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Paschong v. HollenbeckWisconsin Supreme Court · 1961
- State Ex Rel. Gaudynski v. PrussWisconsin Supreme Court · 1940
- State v. CampbellWisconsin Supreme Court · 2006
- Kett v. Community Credit Plan, Inc.Court of Appeals of Wisconsin · 1998
- Gibson v. Madison Bank & Trust Co.Wisconsin Supreme Court · 1959
15 more not listed; retrieve them via the Exa API.