Sellers v. Union Lumbering Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Chippewa County. Action to recover a balance due upon account. The case is thus stated by Cole, J: “ The question arising on this appeal is one of practice, and ' involves a construction of § 22, ch. 129, Tay.
Read the full summary
APPEAL from the Circuit Court for Chippewa County. Action to recover a balance due upon account. The case is thus stated by Cole, J: “ The question arising on this appeal is one of practice, and ' involves a construction of § 22, ch. 129, Tay. Stats, (p. 1466). “ In the complaint the plaintiff claimed judgment against the defendant for $7,781.59. The defendant in its answer set up counterclaims by way of setoff to all the plaintiff’s claim except the sum of $921.60, and offered and consented that judgment be entered against it for that amount with interest from a given date, with costs. The…
1Opinion of the CourtCole, J.
We do not think the statutory provision relied on by tbe plaintiff- (Tay. Stats., 1466, § 22), authorizes tbe court to enter a judgment in tbe cause for tbe amount admitted to be due, while tbe plaintiff reserves the right to .litigate as to tbe remainder of his claim. Such a practice involves .the inconsistency of entering two judgments in tbe same cause, a proceeding in violation of the principles of tbe code. A judgment is there defined to be “ the final determination of the rights of the parties to the action ” (sec. 28, ch. 132, Tay. Stats.), while every direction of a court made or…
2Cases cited1 opinion
- Russell v. MeachamNew York Supreme Court · 1858
3Cited by15 opinions
- Nestegard v. Investment Exchange Corp.Court of Appeals of Washington · 1971
- Adkins v. LoucksWisconsin Supreme Court · 1900
- Black Hills Flume & Mining Co. v. Grand Island & W. C. R.South Dakota Supreme Court · 1892
- Hyde v. German National Bank of OshkoshWisconsin Supreme Court · 1897
- Singer v. HellerWisconsin Supreme Court · 1876
10 more not listed; retrieve them via the Exa API.