Nye v. Sochor
Wisconsin Supreme Court
Appeal from an order of the circuit court for Clark county: W. F. Baxley, Circuit Judge. This was an action to perpetually enjoin and restrain the-collection and enforcement of a judgment rendered in favor of the defendant in this case, and against the plaintiffs, in justice’s court, July 16, 1894, for $200 damages and $5.58 costs.
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Appeal from an order of the circuit court for Clark county: W. F. Baxley, Circuit Judge. This was an action to perpetually enjoin and restrain the-collection and enforcement of a judgment rendered in favor of the defendant in this case, and against the plaintiffs, in justice’s court, July 16, 1894, for $200 damages and $5.58 costs. The defendant demurred to the complaint on the-ground that it did not state facts sufficient to constitute a cause of action, and the plaintiffs appealed from an order-sustaining such demurrer.. It appeared very clearly from the complaint that the defendant,…
1Opinion of the CourtPiNNBY, J.
1. It is well settled that in order to maintain an action to enjoin or set aside a judgment rendered in an action in which there.was a good defense at law, known to the defendant at the time it was rendered, it must satisfactorily appear that the defendant was prevented from making his defense by fraud, mistake, accident, or surprise, unmixed with laches or negligence on his part. If he could have defended himself at law, but allowed judgment to go against him by his own neglect, he cannot have relief for a matter of which he might have availed himself at law. Wright v. Eaton, 7 Wis. 595;…
2Cases cited7 opinions
- Hurd v. HallWisconsin Supreme Court · 1860
- Stowell v. EldredWisconsin Supreme Court · 1870
- Miller v. MorseMichigan Supreme Court · 1871
- Barber v. RukeyserWisconsin Supreme Court · 1876
- Norton v. WoodsCourt for the Trial of Impeachments and Correction of Errors · 1839
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3Cited by8 opinions
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