| Wis. | Dec 10, 1897

Newmau, J.

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" court="Wis." date_filed="1861-04-10" href="https://app.midpage.ai/document/johnson-v-eldred-6598389?utm_source=webapp" opinion_id="6598389">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" court="Wis." date_filed="1897-10-22" href="https://app.midpage.ai/document/lewis-v-chicago--nortwestern-railway-co-8185682?utm_source=webapp" opinion_id="8185682">97 Wis. 368.

On 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" court="Wis." date_filed="1883-12-11" href="https://app.midpage.ai/document/thomas-v-west-6604237?utm_source=webapp" opinion_id="6604237">59 Wis. 103, and cases cited; Wilkinson v. Rewey, 59 Wis. 554" court="Wis." date_filed="1884-02-19" href="https://app.midpage.ai/document/wilkinson-v-rewey-6604315?utm_source=webapp" opinion_id="6604315">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" court="Wis." date_filed="1895-01-08" href="https://app.midpage.ai/document/f-mayer-boot--shoe-co-v-falk-8184726?utm_source=webapp" opinion_id="8184726">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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