20 Wis. 640 | Wis. | 1866
On the second day of August, 1862, this court rendered final judgment in this action, by which the corporation defendant was excluded from all corporate rights and franchises, and dissolved, and a receiver was appointed to take possession of certain property held in trust for the bank, and sell the same, and distribute the proceeds pro rata among the holders of the bills of the bank. On the 27th of February, 1866, N. B. Van Slyke, by his attorney, filed his affidavit to the effect that he was formerly a stockholder in the bank, and sold to one Bliner, who was a stockholder at the commencement of the action; also that he, Van Slyke, executed what is called a stockholder’s bond, and had been sued thereon. Based on this affidavit, Bliner and Van Slyke made a motion to vacate so much of the judgment as appoints a receiver of the effects of the defendants and provides for the sale and distribution thereof, for the reason that this court had no jurisdiction to render such judgment.
Ought the court to grant the motion, even if we are now of opinion that this court erred in deciding that it had jurisdiction to render that part -of the judgment sought to be vacated ? Courts have set aside judgments after the term in which they were rendered, when they were clearly void. In Dederick vs. Richley, 19 Wend., 108, the judgment was set aside as void after more than a year had elapsed, because the judgment was entered after the cause had been discontinued by a reference to arbitrators pursuant to a stipulation of the parties. The question of discontinuance was not considered by the court when the judgment was rendered. In Manufacturers' & Mechanics' Bank vs. Boyd, 3 Denio, 257, the judgment was entered in New York on a warrant of attorney that only authorized judgment
By the Court. — Tbe motion is overruled.