Richards v. Globe Bank
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Milwaukee County. This was an action by Richards, Smith, Garret Vliet, Jasper Vliet, to vacate a judgment entered against them the circuit court for Milwaukee county, on the 10th of Octo-her, 1857, in favor of the Globe Bank. The following is the statement of the facts, as found by the judge of the circuit court: “ First. The judgment complained of was for $5,000 and costs, and was entered upon a warrant of attorney to confess judgment.
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APPEAL from tbe Circuit Court for Milwaukee County. This was an action by Richards, Smith, Garret Vliet, Jasper Vliet, to vacate a judgment entered against them the circuit court for Milwaukee county, on the 10th of Octo-her, 1857, in favor of the Globe Bank. The following is the statement of the facts, as found by the judge of the circuit court: “ First. The judgment complained of was for $5,000 and costs, and was entered upon a warrant of attorney to confess judgment. The note for the amount of which it was entered, is dated on the 7th of August, 1857, at Milwaukee, Wis., where it was…
1Opinion of the Court
By the Court,
Cole, J.
We fully concur in the views expressed by the circuit court upon the evidence in this case, and as to what facts are established by it. We also think the conclusions of law drawn from these facts are correct and sound legal propositions. The objection taken to the warrant of attorney, that it was not such an instrument as is contemplated by the statute to authorize an entry of judgment upon, appears to us entirely untenable. The warrant of attorney recites: “ That whereas the subscribers are justly indebted to the Globe Bank, upon a certain promissory note, bearing even…
2Cases cited2 opinions
- Chapman v. RobertsonNew York Court of Chancery · 1837
- Peck v. Mayo, Follett & Co.Supreme Court of Vermont · 1842
3Cited by4 opinions
- International Harvester Co. of America v. McAdamWisconsin Supreme Court · 1910
- Arnold v. PotterSupreme Court of Iowa · 1867
- Vliet v. CampWisconsin Supreme Court · 1860
- Bigelow v. BurnhamSupreme Court of Iowa · 1891