HYMAN-MICHAELS CO. v. ASHMUS EQUIP. SALES CORP.


274 Wis. 527 (1957)

HYMAN-MICHAELS COMPANY, Respondent, vs. ASHMUS EQUIPMENT SALES CORPORATION, Appellant.

Supreme Court of Wisconsin.

January 7, 1957.


Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by N. Paley Phillips of Milwaukee.

For the respondent there was a brief by Cavanagh, Mittelstaed, Sheldon, Heide & Hartley of Kenosha, and oral argument by William A. Sheldon.


FAIRCHILD, C. J.

Appellant insists that the judgment for costs and the judgment of the municipal court are decidedly separate, each from the other, although the supreme court has remitted its judgment for costs to the lower court where the final judgment was entered; and therefore the relief of setoff cannot be allowed. There is no occasion, under the circumstances now before us, for separate and distinct executions moving from different jurisdictions. The defendant...

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