Welsher v. Libby
Wisconsin Supreme Court
Morion to set off judgments. Motion to set off judgment in this court for costs in favor of plaintiff against a larger judgment in,another suit in the circuit court for Dane county in favor of the defendant. The plaintiff is insolvent. The only objection is that plaintiff has commenced a suit against defendant for an amount, 'larger than their judgment, in which he is advised and believes that he has a good cause of action.
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Morion to set off judgments. Motion to set off judgment in this court for costs in favor of plaintiff against a larger judgment in,another suit in the circuit court for Dane county in favor of the defendant. The plaintiff is insolvent. The only objection is that plaintiff has commenced a suit against defendant for an amount, 'larger than their judgment, in which he is advised and believes that he has a good cause of action. His attorneys do* not expressly make any claim for lien upon the judgment in this court, nor suggest insolvency of the defendants.
1Opinion of the CourtDodge, J.
The policy of courts to set off mutual judgments held in the same rights between the same parties is. well established in the absence of countervailing rights or equities, as recognized in Taylor v. Williams, 14 Wis. 155; Bosworth v. Tallman, 66 Wis. 533; Lundgreen v. Stratton, 79 Wis. 227; Gauche v. Milbrath, 105 Wis. 355. In the present case the personal ownership of a judgment in this court in favor of the plaintiff, and the existence of a larger judgment in favor of defendant in the circuit court, is made to* appear. It is not suggested by plaintiff that any third persons, attorneys or…
2Cases cited4 opinions
- Gauche v. MilbrathWisconsin Supreme Court · 1900
- Bosworth v. TallmanWisconsin Supreme Court · 1886
- Lundgreen v. StrattonWisconsin Supreme Court · 1891
- Taylor v. WilliamsWisconsin Supreme Court · 1861
3Cited by1 opinion
- Black v. Whitewater Commercial & Savings BankWisconsin Supreme Court · 1925