Purcell v. Kleaver
This text of 73 N.W. 322 (Purcell v. Kleaver) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The 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.
On the merits: Equity little heeds the complaint of one [104]*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.
By the Oov/rt.— The order of the circuit court is affirmed.
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Cite This Page — Counsel Stack
73 N.W. 322, 98 Wis. 102, 1897 Wisc. LEXIS 105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/purcell-v-kleaver-wis-1897.