219 Wis. 172 | Wis. | 1935
In denying a motion to dismiss an appeal from a judgment on the ground that the judgment had been paid and satisfied of record, this court said in Sloane v. Anderson, 57 Wis. 123, 13 N. W. 684, 15 N. W. 21:
“On this motion of course we do not look into the merits of the appeal. We are only called upon to determine whether the defendant has waived or lost his right to appeal from the order, because by the arrangement disclosed in the affidavits the judgment has been paid. ... We cannot find any satisfactory evidence in the affidavits that the defendant agreed to stop litigation or not take an appeal from the order. This might well have been the understanding of plaintiffs’ attorneys of the effect of the arrangement; but there is no satisfactory proof that the defendant or his attorney so understood it, or intended to waive any right of appeal. If we were satisfied that the parties by that arrangement mutually intended and agreed to settle all litigation in the matter and waive all right of appeal, a different question would be presented. Such an agreement, if fairly made, would probably be enforced. [Citations.] But such an agreement ought to be clearly established, and not made out by way of inference.”
To the same effect, see Chapman v. Sutton, 68 Wis. 657, 660, 32 N. W. 683; Plano Mfg. Co. v. Rasey, 69 Wis. 246, 248, 34 N. W. 85; Klatte v. Franklin State Bank, 211 Wis. 613, 625, 248 N. W. 158, 249 N. W. 72.
By the Court. — Respondent’s motion to dismiss the appeal is denied with $10 costs.