Sayles v. Davis
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Book County. Action by tbe bolder of a tax deed • of land, to bar the original owner, under secs. 35 et seq., chap. 22, Laws of 1859. Tbe deed was executed April 11, 1868, upon a sale made in 1860 for tbe taxes of 1859. A judgment for plaintiff having been reversed by this court (20 Wis., 302), on tbe ground that tbe record did not show proof of service of summons duly made, tbe plaintiff, after tbe cause was remit-. ted, filed due proof of…
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APPEAL from tbe Circuit Court for Book County. Action by tbe bolder of a tax deed • of land, to bar the original owner, under secs. 35 et seq., chap. 22, Laws of 1859. Tbe deed was executed April 11, 1868, upon a sale made in 1860 for tbe taxes of 1859. A judgment for plaintiff having been reversed by this court (20 Wis., 302), on tbe ground that tbe record did not show proof of service of summons duly made, tbe plaintiff, after tbe cause was remit-. ted, filed due proof of service, and took judgment without notice to tbe defendant. Defendant then obtained an order on plaintiff to show cause…
1Opinion of the CourtDixoN, C. J.
Conceding that the notice of retainer for the purpose of prosecuting the appeal, was a general appearance in the case, still the defendant was not entitled to eight days’ notice of the time and place of application to the court for the relief demanded by the complaint. The statute requires such notice only where the defendant has given notice of an appearance in the action before the expiration of the time for answering. R. S. chap. 132, sec. 27, subd. 2. The defendant gave no notice until long after that time had expired. The position that the time for answering had not expired, or did not…
2Cases cited3 opinions
- Jones v. Estate of KeepWisconsin Supreme Court · 1865
- Wakeley v. NicholasWisconsin Supreme Court · 1863
- Jarvis v. PeckWisconsin Supreme Court · 1865
3Cited by18 opinions
- Jobb v. County of MeagherMontana Supreme Court · 1898
- Adams v. OsgoodNebraska Supreme Court · 1894
- Alderson v. WhiteWisconsin Supreme Court · 1873
- Jaicks v. OppenheimerSupreme Court of Missouri · 1915
- Thorington v. City Council of MontgomerySupreme Court of Alabama · 1889
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