Hanson v. Michelson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Boclc County. Action commenced June 9fch, 1860. The complaint alleges that the plaintiff is now and for many years has been the owner in fee of certain real estate situate on section 6, T. 1 N, R. 11 E., and in sec. 1, T. 1 N., E. 11 E., in said county; that his dwelling house stands on the southwest qr. of said section 6, and is distant from any public highway; that for the purpose of securing ingress and egress to and from a public highway…
Read the full summary
APPEAL from the Circuit Court for Boclc County. Action commenced June 9fch, 1860. The complaint alleges that the plaintiff is now and for many years has been the owner in fee of certain real estate situate on section 6, T. 1 N, R. 11 E., and in sec. 1, T. 1 N., E. 11 E., in said county; that his dwelling house stands on the southwest qr. of said section 6, and is distant from any public highway; that for the purpose of securing ingress and egress to and from a public highway across land of the defendant also situate on said section six, be obtained from the defendant, and the defendant…
1Opinion of the Court
By the Oourt,
Dixott, O. J.
The court should have postponed the hearing, and given the defendant time to produce his witnesses, when first applied to by him for that purpose. The affidavit showed a clear case of mistake or excusable neglect on the part of the defendant, which would have entitled him to relief under sec. 38, ch. 125, R. S., had judgment been actually rendered against him. See Johnson v. Eldred, 13 Wis., 482. It was, therefore, error or an abuse of discretion for the court to refuse the application. The objection of the plaintiff, founded on the statement of his counsel that he…
2Cases cited3 opinions
- Johnson v. EldredWisconsin Supreme Court · 1861
- Eaton v. EatonWisconsin Supreme Court · 1862
- Smith v. WoodWisconsin Supreme Court · 1860
3Cited by15 opinions
- Douglass v. ToddCalifornia Supreme Court · 1892
- Groff v. RamseySupreme Court of Minnesota · 1872
- Whereatt v. EllisWisconsin Supreme Court · 1887
- Conrad v. SchwambWisconsin Supreme Court · 1881
- Petesch v. HambachWisconsin Supreme Court · 1880
10 more not listed; retrieve them via the Exa API.