Mills v. Evansville Seminary
Wisconsin Supreme Court
APPEAL from the Circuit Court for Roclo County. This case was formerly before this court on an appeal by the plaintiffs, and is reported in 47 Wis., 354. The present appeal was by the defendants from the same judgment, argued, among other things, that it was res adjudicata that this action could not be maintained in its present form, that it should have been dismissed in the court below, and that the whole judgment was indefensible.
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APPEAL from the Circuit Court for Roclo County. This case was formerly before this court on an appeal by the plaintiffs, and is reported in 47 Wis., 354. The present appeal was by the defendants from the same judgment, argued, among other things, that it was res adjudicata that this action could not be maintained in its present form, that it should have been dismissed in the court below, and that the whole judgment was indefensible. The parties and the evidence are the same, and the decision of this court on the former appeal is final and binding on the parties on this appeal. Boxeen v.…
1Opinion of the CourtOrton, J.
The judgment in this case when it was before this court on appeal by the plaintiffs, reported in 47 Wis., 354, must be held to-be res adjudicata on this appeal and conclu*670sive against the plaintiffs’ right of recovery, and that part of the judgment now appealed from. It may be true that, on the former appeal, the plaintiffs sought to reverse the judgment strictly because it did not contain all of the relief asked; but incidentally and impliedly that part of the judgment which was unfavorable to the plaintiffs, viz., that part enjoining the defendant the Evansville Seminary from conveying the…
2Cases cited2 opinions
- Lawe v. HydeWisconsin Supreme Court · 1876
- Mills v. Evansville SeminaryWisconsin Supreme Court · 1879
3Cited by5 opinions
- Maginnis v. Knickerbocker Ice Co.Wisconsin Supreme Court · 1901
- Mills v. Evansville SeminaryWisconsin Supreme Court · 1883
- Taylor v. HillWisconsin Supreme Court · 1894
- Collins v. Singer Manufacturing Co.Wisconsin Supreme Court · 1881
- State ex rel. Turner v. Circuit Court for Ozaukee CountyWisconsin Supreme Court · 1888