Legal Opinion

Hlawacek v. Bohman

Wisconsin Supreme Court

Decided January 11, 1881PublishedCited by 4 opinions

APPEAL from the Circuit Court for Kewaunee County. This action was brought against Joseph Bohman, Jr., Barbara Bohman, his wife, and Joseph Bohmcm, Sr., to obtain specific performance by the two defendants first named of their written contract to convey certain lands to the plaintiff, and to have the defendant last named adjudged to convey to the plaintiff, or reconvey to Joseph Bohman, Jr., certain lands mentioned in said contract, etc.

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APPEAL from the Circuit Court for Kewaunee County. This action was brought against Joseph Bohman, Jr., Barbara Bohman, his wife, and Joseph Bohmcm, Sr., to obtain specific performance by the two defendants first named of their written contract to convey certain lands to the plaintiff, and to have the defendant last named adjudged to convey to the plaintiff, or reconvey to Joseph Bohman, Jr., certain lands mentioned in said contract, etc. After the commencement of the action, Joseph Bohman, Sr., obtained from a court commissioner an injunctional order restraining the plaintiff, his agents,…

1Opinion of the CourtOuton, J.

The order dissolving the injunction and appointing a receiver in this case, from which this appeal is taken, is, in form and substance, an order of the circuit court, in session, during term, and the record imports verity, and is conclusive of its legal character, until modified, set aside or reversed. It is an order which the circuit court had jurisdiction to make, and must be held to have been assented to by the respondent’s council, who procured it to be made; and the objection that it should have been a chamber order of the judge, and not a court order, and therefore not appealable, is…

2Cited by4 opinions

  1. American Medical Services, Inc. v. Mutual Federal Savings & Loan Ass'nWisconsin Supreme Court · 1971
  2. Merriman v. McCormick Harvesting Machine Co.Wisconsin Supreme Court · 1893
  3. American Med. S., Inc. v. MUTUAL FED. S. & L.Wisconsin Supreme Court · 1971
  4. Ross v. HeathcockWisconsin Supreme Court · 1883

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