Wagg-Anderson Woolen Co. v. Finkelstein

Wisconsin Supreme Court

Wagg-Anderson Woolen Co. v. Finkelstein

81 N.W. 863, 105 Wis. 589, 1900 Wisc. LEXIS 139

DecidedFebruary 2, 1900

StatusPublished

This text of 81 N.W. 863 (Wagg-Anderson Woolen Co. v. Finkelstein) 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.

Bluebook

Wagg-Anderson Woolen Co. v. Finkelstein, 81 N.W. 863, 105 Wis. 589, 1900 Wisc. LEXIS 139 (Wis. 1900).

Pincite

Opinion

WiNslow, J.

By neglecting to prosecute his proceedings, to litigate the validity of the judgment note for a period of five years, the defendant indicated very clearly either that he had abandoned his claim, or that it was unfounded in the beginning. There is nothing to show that the claim has. been paid .or settled, nor is any adequate excuse given far-such unreasonable delay. Parties obtaining the privilege of opening and contesting a judgment should act with diligence, if they would convince the court that they are acting [591]*591in good faitb. A judgment ought not to be suspended for years without a move being made to demonstrate its supposed inequity. The court exercised a wise discretion in dismissing the proceedings.

. By the Court.— Order affirmed.

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WiNslow, J.

By neglecting to prosecute his proceedings, to litigate the validity of the judgment note for a period of five years, the defendant indicated very clearly either that he had abandoned his claim, or that it was unfounded in the beginning. There is nothing to show that the claim has. been paid .or settled, nor is any adequate excuse given far-such unreasonable delay. Parties obtaining the privilege of opening and contesting a judgment should act with diligence, if they would convince the court that they are acting [591]*591in good faitb. A judgment ought not to be suspended for years without a move being made to demonstrate its supposed inequity. The court exercised a wise discretion in dismissing the proceedings.

. By the Court.— Order affirmed.

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Bluebook (online)

81 N.W. 863, 105 Wis. 589, 1900 Wisc. LEXIS 139, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wagg-anderson-woolen-co-v-finkelstein-wis-1900.