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.…
1Opinion of the CourtDowner, J.
This was an action to foreclose a mortgage. After the demurrer to tbe complaint bad been overruled, tbe plaintiff served a Eve days’ notice of application for judgment, and took tbe judgment May 3d, 1865, pursuant to the notice. The plaintiff proceeded to execute tbe judgment by having tbe sheriff advertise tbe mortgaged premises for sale on tbe 22d of July following. On tbe tenth of July, tbe defendants obtained an order to show cause on the fifteenth why tbe judgment should not be set aside for irregularity in tbe notice, it being a five when it should bave been an eight days notice; and on…
2Cases cited14 opinions
- The PalmyraSupreme Court of the United States · 1827
- Yeaton and Others, of the Schooner General Pinkney and Cargo v. The United StatesSupreme Court of the United States · 1809
- President of the Bank of the United States v. MossSupreme Court of the United States · 1847
- Dederick's Administrators v. RichleyNew York Supreme Court · 1838
- Bank of Kentucky v. Wistar, Price, & WistarSupreme Court of the United States · 1830
9 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Egan v. EganCalifornia Supreme Court · 1891
- Johnson v. ColemanWisconsin Supreme Court · 1868
- Bacon v. BaconWisconsin Supreme Court · 1877
- Salter v. HilgenWisconsin Supreme Court · 1876
- Bassett v. BassettWisconsin Supreme Court · 1898
39 more not listed; retrieve them via the Exa API.