Wells v. Morton
Wisconsin Supreme Court
ERROR TO CIRCUIT C0ÜRT, RACINE COUNTT. This was an action commenced by Julius D. Morton, against Andrew S. Wells and Otis R. Johnson, to recover the amount due upon two promissory notes made by them, for $300, and for $237 73, with interest.
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ERROR TO CIRCUIT C0ÜRT, RACINE COUNTT. This was an action commenced by Julius D. Morton, against Andrew S. Wells and Otis R. Johnson, to recover the amount due upon two promissory notes made by them, for $300, and for $237 73, with interest. The complaint was in the usual form under the code, and was served, with the summons, on the defendants, August 9th, 1858. On the thirtieth of August the plaintiff’s attorney filed an affidavit with the clerk of the circuit court, of no answer or demurrer; and the clerk, on the same day, entered the judgment for the amount of the notes, $590 84, and…
1Opinion of the Court
By the Court,
Dixon, C. J.
The only question involved in this case is, whether judgments can be legally entered by the clerks of the circuit and county courts, in vacation, in the cases provided in section 27, of chapter 132, of the Revised Statutes of 1858. This section is identical with section 158 of the Code of Procedure, as originally enacted in this state, with the exception of subdivision four, which was added by the revisors. On the part of the plaintiffs in error, it is contended that by these provisions an attempt' is made to transfer to the clerks a portion of the judicial power,…
2Cases cited1 opinion
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