Platto v. Deuster
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Application for an injunction to restrain the defendants from executing a writ of assistance issued from the county court of said county.
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APPEAL from the Circuit Court for Milwaukee County. Application for an injunction to restrain the defendants from executing a writ of assistance issued from the county court of said county. The case stated in the complaint is substantially as follows: In 1858, Oilman leased to one Krause, a certain lot in the city of Milwaukee for- a term of years at a specified rent, the lessee to pay taxes assessed upon the premises during the term, and Gilman to have a lien (with power of sale) upon such buildings as Krause might place on the premises during the term, as security for the payment of any…
1Opinion of the CourtUixour, C. J.
Within the limits prescribed by law for the county court, -the county and circuit courts of Milwaukee county possess equal equity powers. They are courts of concurrent jurisdiction, proceeding upon the same principles and ,in the same modes. Any relief which can be obtained in the one can be obtained in the other, and neither has any authority superior to the other. Will an injunction issue from one of these courts, upon a new suit commenced, to restrain proceedings under a judgment in equity rendered in the other? The question may be more broadly put: Will one court of co-ordinate chancery…
2Cases cited8 opinions
- Anthony v. DunlapCalifornia Supreme Court · 1857
- Dyckman & McChain v. KernochanNew York Court of Chancery · 1830
- Grant v. QuickThe Superior Court of New York City · 1852
- Smith v. M'GuireCourt of Appeals of Kentucky · 1824
- Smith v. American Life Insurance & Trust Co.New York Court of Chancery · 1840
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Zinc Carbonate Co. v. First National Bank of ShullsburgWisconsin Supreme Court · 1899
- Cawker v. DreutzerWisconsin Supreme Court · 1928
- Stein v. BenedictWisconsin Supreme Court · 1892
- Jackson Milling Co. v. ScottWisconsin Supreme Court · 1907
- Coe v. ManseauWisconsin Supreme Court · 1885
13 more not listed; retrieve them via the Exa API.