Blakesley v. Johnson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sauk County. The case is stated in the opinion of this court. The circuit court rendered judgment for the plaintiff. 1. The agreement to discontinue the suit, having been made on Sunday, was void. 1 Ohand., 33 and 207; 3 Wis., 345-6; Story on Con., §§ 616-620 ; 7 Blackf., 479; 4 Cush-ing, 322; 4 Corns., 455 ; 7 Wend., 276-281; 14 id., 248 ; 2 Peters, 527; 14 N. H., 140. If the agreement had been pleaded before the justice, that court could…
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APPEAL from the Circuit Court for Sauk County. The case is stated in the opinion of this court. The circuit court rendered judgment for the plaintiff. 1. The agreement to discontinue the suit, having been made on Sunday, was void. 1 Ohand., 33 and 207; 3 Wis., 345-6; Story on Con., §§ 616-620 ; 7 Blackf., 479; 4 Cush-ing, 322; 4 Corns., 455 ; 7 Wend., 276-281; 14 id., 248 ; 2 Peters, 527; 14 N. H., 140. If the agreement had been pleaded before the justice, that court could not have lent its aid to enforce it. There is, therefore, no case made by the complaint for equitable relief. 2. If the…
1Opinion of the Court
By the Court,
Paiíte, J.
This was an action brought to restrain perpetually the collection of .a judgment rendered by a justice of the peace, against the plaintiff. The ground for relief is, that while the suit was pending before the justice, the parties met and agreed upon a settlement, by which the plaintiff' in that suit received a watch and some other things, estimated in all at the value of twenty-seven dollars, in full of all claims and demands, and agreed to discontinue this suit, but instead of doing so, went on the adjourned day and procured this judgment, without the knowledge of the…
2Cases cited1 opinion
- Estate of Budd v. HansenWisconsin Supreme Court · 1960
3Cited by8 opinions
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- Pettibone v. La Crosse & Milwaukee RailroadWisconsin Supreme Court · 1861
- Taylor v. YoungWisconsin Supreme Court · 1884
- Fischbeck v. MielenzWisconsin Supreme Court · 1903
- Perkins v. St. Louis, Kansas City & Colorado RailroadSupreme Court of Missouri · 1898
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