Ætna Life Insurance v. McCormick
Wisconsin Supreme Court
APPEALS from tbe Circuit Court for Milwaukee County. These appeals were taken by tbe plaintiff, one from an order setting aside a judgment in tbe action (wbicb was to foreclose a mortgage), and tbe other from an order setting aside a sale made during tbe pendency of tbe first appeal. Tbe facts are statéd in tbe opinion. A court cannot, on motion, set aside a judgment rendered at a previous term, except in cases provided for by statute.
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APPEALS from tbe Circuit Court for Milwaukee County. These appeals were taken by tbe plaintiff, one from an order setting aside a judgment in tbe action (wbicb was to foreclose a mortgage), and tbe other from an order setting aside a sale made during tbe pendency of tbe first appeal. Tbe facts are statéd in tbe opinion. A court cannot, on motion, set aside a judgment rendered at a previous term, except in cases provided for by statute. Gat-lin v. Robinson, 2 Watts, 373 ; Kilpatrick v. Rose, 9 Johns., 78 ; 1 Tidd’s Pr., 515, 567; 2 id., 941-2 ; Oameron v. McRoberts, 3 Wheat., 591; Jackson v.…
1OpinionDowner, J.
On motion for a rehearing, the attorney for the respondents insists that we erred in holding that the short notice was sufficient to put the party receiving it on inquiry. This is the rule laid down in McEvers v. Markler, 1 Johns. Cas., 248, and repeated in Hinde v. Tubbs, 10 Johns., 486, and subsequent cases. In the affidavit of Mr. Jenkins, and in the order of the court to show cause, and in that vacating the judgment, the judg*273ment of foreclosure and sale was stated or referred to, as rendered May 3, 1865 ; and that was assumed by the attorneys of the respective parties on the argument as…
2Cases cited2 opinions
- Hinde v. TubbsNew York Supreme Court · 1813
- Mc Evers v. MarklerNew York Supreme Court · 1800