Legal Opinion

Boring v. Ott

Wisconsin Supreme Court

Decided March 9, 1909PublishedCited by 34 opinions

Appeal from a judgment of tbe circuit court for Ashland county: E. W. Helmis, Judge. This action was brought to perpetually enjoin the defendant, Eli Ott, from further prosecuting an action in which Ott was plaintiff and the plaintiff herein defendant in the circuit court for Ashland county, and enjoining the entry and enforcement of collection of such judgment or any part thereof out of the estate of E. J. Pool, deceased, and for other relief, which judgment was ordered by…

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Appeal from a judgment of tbe circuit court for Ashland county: E. W. Helmis, Judge. This action was brought to perpetually enjoin the defendant, Eli Ott, from further prosecuting an action in which Ott was plaintiff and the plaintiff herein defendant in the circuit court for Ashland county, and enjoining the entry and enforcement of collection of such judgment or any part thereof out of the estate of E. J. Pool, deceased, and for other relief, which judgment was ordered by this court in Ott v. Boring, 131 Wis. 472, 110 N. W. 824, 111 N. W. 833, where the facts upon which judgment whs ordered…

1Opinion of the Court

The following opinion was filed January 26, 1909:

Kerwin, J.

1. Counsel for appellant seasonably objected to any evidence under the complaint for the reason that it did not state facts sufficient to constitute a cause of action. The court overruled the objection, and this ruling is assigned as error. The basic ground upon which equity is invoked to restrain execution of the judgment is the alleged fraud and perjury in presenting and maintaining the claim against the estate of Pool when no such claim existed, because the original agreement between Pool and Ott had been canceled and rescinded and…

2Cases cited29 opinions

  1. United States v. ThrockmortonSupreme Court of the United States · 1878
  2. Marshall v. HolmesSupreme Court of the United States · 1891
  3. Pico v. CohnCalifornia Supreme Court · 1891
  4. Ludington v. PattonWisconsin Supreme Court · 1901
  5. Zinc Carbonate Co. v. First National Bank of ShullsburgWisconsin Supreme Court · 1899

24 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. Laun v. KippWisconsin Supreme Court · 1914
  2. Publicker v. ShallcrossCourt of Appeals for the Third Circuit · 1939
  3. St. Pierre v. EdmondsUtah Supreme Court · 1982
  4. Pellett v. Industrial CommissionWisconsin Supreme Court · 1916
  5. Bentson Administrator v. BrownWisconsin Supreme Court · 1926

29 more not listed; retrieve them via the Exa API.

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