Appleton Water Works Co. v. City of Appleton
Wisconsin Supreme Court
'Appeal from a judgment of the circuit court for Wood county: Ohas. M. Webb, Circuit Judge. This case was before this court on a former appeal and is reported in 132 Wis. 563, 113 N. W. 44. Eeference is made to that case for a statement of the facts material to be considered upon this appeal.
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'Appeal from a judgment of the circuit court for Wood county: Ohas. M. Webb, Circuit Judge. This case was before this court on a former appeal and is reported in 132 Wis. 563, 113 N. W. 44. Eeference is made to that case for a statement of the facts material to be considered upon this appeal. After the record was remanded to the trial court, judgment was rendered in that court in favor of the plaintiff and against the defendant for $3,904.27 damages and $396.33 costs, making an aggregate of $4,300.60. The judgment for damages included interest to the amount of $693.'02, interest having been…
1Opinion of the CourtBakstes, J.
Considerable discussion is devoted to the proposition that the mandate of this court expressly prohibited the entry of any judgment for interest. If the former judgment of the court passed upon that question adversely to the plaintiff, it is not now subject to correction, even if the conclusion were conceded to be erroneous. Everett v. Gores, 92 Wis. 527, 66 N. W. 616; Ledebuhr v. Wis. T. Co. 115 Wis. 214, 91 N. W. 1012; Hocks v. Sprangers, 113 Wis. 123. 136, 87 N. W. 1101, 89 N. W. 113. We do not con-*399atrue the decision ox mandate of the court as foreclosing the plaintiff on this question.…
2Cases cited17 opinions
- Donnelly v. . City of BrooklynNew York Court of Appeals · 1890
- Bunker v. City of HudsonWisconsin Supreme Court · 1904
- Taylor v. Mayor of New YorkNew York Court of Appeals · 1876
- Hocks v. SprangersWisconsin Supreme Court · 1902
- Morrison v. City of Eau ClaireWisconsin Supreme Court · 1902
12 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- City of Milwaukee v. Firemen Relief Ass'n of MilwaukeeWisconsin Supreme Court · 1969
- City of Eau Claire v. Eau Claire Water Co.Wisconsin Supreme Court · 1909
- Wilcox v. PorthWisconsin Supreme Court · 1913
- Marion v. City of DetroitMichigan Supreme Court · 1938
- Connor v. State TreasurerMichigan Supreme Court · 1952
1 more not listed; retrieve them via the Exa API.