Zohrlaut v. Mengelberg
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: J. C. Ludwig, Circuit Judge. This action was brought to restrain tbe collection of a former judgment obtained by defendant against plaintiff in an action between tbe parties to this suit, on tbe ground that tbe written agreement upon which tbe former judgment was entered was not the agreement of tbe parties, and that upon tbe agreement made tbe defendant was not entitled to any judgment against tbe plaintiff.
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Appeal from a judgment of tbe circuit court for Milwaukee county: J. C. Ludwig, Circuit Judge. This action was brought to restrain tbe collection of a former judgment obtained by defendant against plaintiff in an action between tbe parties to this suit, on tbe ground that tbe written agreement upon which tbe former judgment was entered was not the agreement of tbe parties, and that upon tbe agreement made tbe defendant was not entitled to any judgment against tbe plaintiff. Tbe former action was brought by tbe plaintiff bere against tbe defendant bere, and tbe defendant counterclaimed and…
1Opinion of the Court
Tbe following opinion was filed June 17, 1914:
Maeshall, J.
Tbe complaint in this action states facts sufficient for a cause of action to restrain appellant from enforcing bis judgment in tbe former action, so far as it was dependable on tbe contract between tbe parties being as there determined. It baying been so beld on tbe previous appeal in this case, 148 Wis. 592, 134 N. W. 1135, tbe decision on sueb appeal, tbougb by a divided court, is tbe law by wbicb tbe rights of such parties must now be determined. Lathrop v. Knapp, 37 Wis. 307, 312; Case v. Hoffman, 100 Wis. 314, 75 N. W. 945.
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Also in this document: Dissent.
2Cases cited10 opinions
- Rowell v. SmithWisconsin Supreme Court · 1905
- Zinc Carbonate Co. v. First National Bank of ShullsburgWisconsin Supreme Court · 1899
- Case v. HoffmanWisconsin Supreme Court · 1898
- Wentworth v. Racine CountyWisconsin Supreme Court · 1898
- Crowns v. Forest Land Co.Wisconsin Supreme Court · 1899
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3Cited by15 opinions
- McGovern v. EckhartWisconsin Supreme Court · 1929
- Werner v. RiemerWisconsin Supreme Court · 1949
- Bentson Administrator v. BrownWisconsin Supreme Court · 1926
- Vukelic v. Upper Third Street Savings & Loan Ass'nWisconsin Supreme Court · 1936
- Quarles v. City of AppletonCourt of Appeals for the Seventh Circuit · 1924
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