Smith v. Whitney

This appeal involves the same question presented and decided on the appeal of Weage and Palmer, two other defendants, from this same judgment, with this difference only, that there the defendants Weage and Palmer appeared and answered, and took the objection in the court .below that the complaint stated no cause of action against them. See Smith et al. v. Weage et al., 21 Wis., 440. Here defendants, who were brought in under the’ same order, did not appear, but allowed judgment to go against them by default. The question is, whether they can now take advantage of the fact that they are not…