Zohrlaut v. Mengelberg
| Decision Date | 09 January 1912 |
| Citation | 134 N.W. 1135,148 Wis. 592 |
| Parties | ZOHRLAUT v. MENGELBERG. |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Circuit Court, Milwaukee County; Warren D. Tarrant, Judge. Action by Edward Zohrlaut against Rudolf Mengelberg. From orders in favor of plaintiff, defendant appeals. Affirmed by equally divided court. See, also, 128 N. W. 975.
*1135Flanders, Bottum, Fawsett & Bottum, for appellant. Lines, Spooner, Ellis & Quarles and Glicksman, Gold & Corrigan, for respondent.
This is an appeal from two orders of the circuit court for Milwaukee county, one overruling a demurrer to the respondent's complaint, and the other granting the motion of respondent for an injunctional order restraining appellant from taking any steps to collect the judgment referred to in the complaint until the determination of the action. Justice TIMLIN, having been of counsel in the case, did not sit. The other members of the court are equally divided. Chief Justice WINSLOW and Justices BARNES and VINJE are in favor of reversal, while Justices SIEBECKER, MARSHALL, and the writer are in favor of affirmance. This situation necessarily results in affirmance of the orders appealed from. The orders appealed from are affirmed.
d1. Rehearing denied March 12, 1912.
To continue reading
Request your trial
-
Smith v. Kleynerman
...(on appeal).6. Cook v. Minneapolis, St. P. & S.S.M. Ry. Co. , 125 Wis. 528, 103 N.W. 1097 (1905) (on appeal).7. Zohrlaut v. Mengelberg , 148 Wis. 592, 134 N.W. 1135 (1912) (on appeal).8. Nelson v. Fairchild & N.E. R. Co. , 163 Wis. 300, 156 N.W. 943 (1916) (on appeal).9. Wis. Chair Co. v. I......
-
Zohrlaut v. Mengelberg
...and an order made continuing the preliminary injunction. On appeal to this court from these orders they were affirmed. Zohrlaut v. Mengelberg, 148 Wis. 592, 134 N. W. 1135. The defendant then answered the complaint in the present action, which complaint alleged that the plaintiff agreed to ......
-
Kast v. Kast
... ... The facts and circumstances of Zohrlaut v. Mengelberg, 144 Wis. 564, 124 N.W. 247, 128 N.W. 975; Id., 148 Wis. 592, 134 N.W. 1135; Id., 158 Wis. 392, 148 N.W. 314, 149 N.W. 280 (finally ... ...
-
Carpenter Baking Co. v. Bakery Sales Drivers Local Union No. 344
...that the judgment should be reversed. This situation necessarily results in affirmance of the judgment appealed from. Zohrlaut v. Mengelberg, 148 Wis. 592, 134 N.W. 1135. Judgment affirmed.NELSON, J., not ...