130 Wis. 485 | Wis. | 1907
The agreement of settlement expressed in the written release is, of course, a complete defense unless impeached for fraud or mistake. Jackowski v. Ill. S. Co. 103 Wis. 448, 79 N. W. 757; Kowalke v. Milwaukee E. R. & L. Co. 103 Wis. 472, 480, 79 N. W. 762. To accomplish impeachment of a formal written instrument on such grounds the proof must be clear and convincing beyond reasonable controversy. Linde v. Gudden, 109 Wis. 326, 85 N. W. 323; Meier v. Bell, 119 Wis. 482, 485, 97 N. W. 186; Burnham v. Burnham, 119 Wis. 509, 513, 97 N. W. 176; Bowe v.
The defense above considered is conclusive in favor of the judgment. Whether or not errors were committed in rulings uj)on the trial of other issues in the case, and assignments of such errors, needs no consideration.
By the Court. — Judgment affirmed.