Trautmann v. Schwalm
Wisconsin Supreme Court
APPEAL from the Circuit Court for E(m Glavre County. The case is sufficiently stated in the opinion. They cited Merrill They contended that this case is unlike that of Streissguth v. Reigelman, 75 Wis. 212, in that it does not here appear that the affiant had not legal .evidence as the source of his information. The “ sworn statement of account ” may have been sworn to by the defendants. Even if sworn to by the plaintiff it might have had.an evidentiary character.
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APPEAL from the Circuit Court for E(m Glavre County. The case is sufficiently stated in the opinion. They cited Merrill They contended that this case is unlike that of Streissguth v. Reigelman, 75 Wis. 212, in that it does not here appear that the affiant had not legal .evidence as the source of his information. The “ sworn statement of account ” may have been sworn to by the defendants. Even if sworn to by the plaintiff it might have had.an evidentiary character. Howell v. Kingsbury, 15 Wis. 272. The affiant need not state his means of knowledge. Anderson v. Wehe, 58 Wis. 615; Rice v.…
1Opinion of the CourtWinslow, J.
This is an appeal from a judgment by default, entered up'on a demand not due at the time of the commencement of the action. At the time of the commencement of the action a writ of attachment was issued based upon an affidavit of plaintiff’s attorney, accompanied by the proper undertaking. If the affidavit was sufficient, the judgment was properly entered, under ch. 233, Laws of 1880; otherwise the action cannot be maintained. The affidavit contained a positive statement of indebtedness upon express contract in a certain sum, to become due at certain times in the future, and then stated that…
2Cases cited1 opinion
- Streissguth v. ReigelmanWisconsin Supreme Court · 1889