McCabe v. Sumner
Wisconsin Supreme Court
APPEAL from the Comity Court of Wvnnebago County. Plaintiff filed a formal complaint, setting forth a note executed by defendants, with a warrant of attorney, dated August 23, 1873; a formal answer in behalf of defendants, confessing judgment; and an affidavit of the attorney by whom the answer was filed, stating merely that the amount due upon the note was $226.67, with interest at ten per cent, from its date, with ten per cent, attorney’s fees to be taxed as costs.
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APPEAL from the Comity Court of Wvnnebago County. Plaintiff filed a formal complaint, setting forth a note executed by defendants, with a warrant of attorney, dated August 23, 1873; a formal answer in behalf of defendants, confessing judgment; and an affidavit of the attorney by whom the answer was filed, stating merely that the amount due upon the note was $226.67, with interest at ten per cent, from its date, with ten per cent, attorney’s fees to be taxed as costs. Judgmen't was entered for the amount claimed by the affidavit, with $25 attorney’s fees. Defendants, at the same term, moved to…
1Opinion of the CourtRyan, C. J.
Tbe motion in tbis case was founded upon irregularities in entering ‘up tbe judgment; and is therefore not an appeal to tbe discretion of tbe court, in which a verified answer disclosing merits should be served with tbe motion papers, as held in Levy v. Goldberg, presently decided [ante, p. 308]. It would indeed be more satisfactory, in cases like this? if tbe motion were founded upon a verified answer, and not on a mere affidavit of tbe defendant. But when tbe motion goes upon irregularity, we do not feel at liberty to require a verified answer as a condition of relief.
It is true that it has…
2Cases cited6 opinions
- Ætna Life Insurance v. McCormickWisconsin Supreme Court · 1866
- Blaikie v. GriswoldWisconsin Supreme Court · 1860
- Dilley v. Van WieWisconsin Supreme Court · 1858
- Van Steenwyck v. SackettWisconsin Supreme Court · 1864
- Second Ward Bank v. UpmanWisconsin Supreme Court · 1861
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Ford v. HillWisconsin Supreme Court · 1896
- Wright v. ForrestalWisconsin Supreme Court · 1886
- Sloane v. AndersonWisconsin Supreme Court · 1883
- Anderson v. SloaneWisconsin Supreme Court · 1888
- Wessling v. HiebWisconsin Supreme Court · 1923
8 more not listed; retrieve them via the Exa API.