Public-domain · open source
OpenJurist

98 Wis. 102

Purcell v. Kleaver

Wisconsin Supreme Court

Decided December 10, 1897

Wisconsin Supreme Court · decided 1897-12-10

G. SiébeoKEE, Circuit Judge. This is an. appeal from an order which refused to set aside a judgment for $96.13 and costs, entered on a note and warrant of attorney, and ah execution issued thereon.

Key passage — most relied on by later courts

““The order is, no doubt, appealable under Laws of 1895, ch. 212, sec. 1, sub. 2. It is an order affecting a substantial right, made upon a summary application after judgment. This was so held in Johnson v. Eldred, 13 Wis. 482 , under a statute in the same words, and has been uniformly followed since.””

quoted by 1 later decision, including Harvey v. Harvey

Relies on Lewis v. Chicago & Nortwestern Railway Co. · Johnson v. Eldred · Thomas v. West

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1897-12-10

How this case has been cited

Cited by 14 later decisions — most recently June 1972

14 state decisions

60189719001910192019301940195019601970decided

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.

View the full empirical analysis of this case →

Newmau, J.

¶1The order is, no doubt, appealable under Laws of 1895, ch. 212, sec. 1, subd. 2. It is an order affecting a substantial right, made upon a summary application after judgment. This was so held in Johnson v. Eldred, 13 Wis. 482, under a statute in the same words, and has been uniformly followed since. That the judgment was for less than $100, and so not appealable, does not affect the rule. Lewis v. C. & N. W. R. Co. 97 Wis. 368.

¶2On the merits: Equity little heeds the complaint of one *104impeded by a judgment which is merely void but not unjust, but leaves him to struggle with his embarrassment as best he may, at law. Thomas v. West, 59 Wis. 103, and cases cited; Wilkinson v. Rewey, 59 Wis. 554. With consistent indifference, it disregards the clamors of one troubled by a judgment which is only voidable but not unjust. F. Mayer B. & S. Co. v. Falk, 89 Wis. 216, and cases cited. Kleaver’s debt is paid. Pwvaell has his money. It is his of right. Equity will not interfere to undo this just consummation.

¶3By the Oov/rt.— The order of the circuit court is affirmed.

/98/wis/102 · .json · Public domain