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167 Wis. 113

Stahl v. Broeckert

Wisconsin Supreme Court

Decided March 5, 1918

Wisconsin Supreme Court · decided 1918-03-05

This action was commenced in the Milwaukee county circuit court by the service of summons early in the month of January, 1914, for the recovery of damages for fraud alleged to have been committed by the defendants on the plaintiff. Defendant Broechert lived in Manitowoc county. The defendants Stahl lived in Racine county. January 8, 1914, Broechert’s attorneys served notice of retainer and appearance. January 20th complaint was served on Brdech--ert’s attorneys.

Relies on Boring v. Ott · Balch v. Beach · Crowns v. Forest Land Co.

Good law ✅— No negative treatment on recordhow we know

Reversed · Decided 1918-03-05

How this case has been cited

Cited by 5 later decisions — most recently June 1980

5 state decisions

2019181920193019401950196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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KeewiN, J.

¶1(dissenting in part). I dissent from so much of the opinion of the majority of the court as holds that the order of the court below was an attempt by one circuit court to restrain another circuit court. . The order here was against a party, not against the court. That a party may be restrained from prosecuting an action has been repeatedly held by this and other courts, and is the settled law of this state. Akerly v. Vilas, 15 Wis. 401; Hadfield v. Bartlett, 66 Wis. 634, 29 N. W. 639. See, also, 7 Ruling Case Law, 1070; 14 id. 408; 1 High, Injunctions (3d ed.) §45 et seq.; 1 Joyce, Injunctions, § 544a; Crowns v. Forest L. Co. 102 Wis. 97, 78 N. W. 433; Boring v. Ott, 138 Wis. 260, 119 N. W. 865; Batch v. Beach, 119 Wis. 77, 95 N. W. 132; Zohrlaut v. Mengelberg, 158 Wis. 392, 148 N. W. 314, 149 N. W. 280.

¶2I also dissent from the holding, or intimation, in the majority opinion to the effect that the remedy in the instant *122case was by application to this court under its superintending control.

¶3I therefore think the order should be affirmed.

Vinje and EschweileR, JJ. We concur in the foregoing dissenting opinion of Justice KeewiN.
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