Babcock v. Perry
Wisconsin Supreme Court
APPEAL OT EQUITY FROM THE CIRCUIT COURT FOR WALWORTH COUNTY. The bill in this cause was filed August 21st., 1852, to foreclose two certain mortgages executed by Joseph 0. Babcock, and Jane, his wife. Deborah 0. Babcock was a subsequent incum-brancer, and John A. Perry, a subsequent purchaser of a part of the mortgaged premises.
Read the full summary
APPEAL OT EQUITY FROM THE CIRCUIT COURT FOR WALWORTH COUNTY. The bill in this cause was filed August 21st., 1852, to foreclose two certain mortgages executed by Joseph 0. Babcock, and Jane, his wife. Deborah 0. Babcock was a subsequent incum-brancer, and John A. Perry, a subsequent purchaser of a part of the mortgaged premises. All the defendants were personally served with- process, but none of them appeared, and the bill was taken as confessed by all the defendants prior to the October term, A. D. 1852. At said term, proof was made in open court, that the premises could not be sold in…
1Opinion of the Court
By the Court,
Smith, J.
It is not necessary to recapitulate here the facts of this case. The petition prays that the order of the court below, taking the bill as confessed, at the October term, A. D. 1852, and that all subsequent- proceedings had in the case, may be set aside, and that he may be let in to answer; *40and the reason assigned therefor, is the negligence of his solicitor to appear in the canse and defend the same.
Negligence of solicitor is good ground on which to base an application to set aside a default. When this fact is clearly established, the court may, in its discretion, grant…
2Cases cited8 opinions
- Millspaugh v. McBrideNew York Court of Chancery · 1839
- Pendleton v. FayNew York Court of Chancery · 1831
- Baxter v. LansingNew York Court of Chancery · 1838
- Lansing v. M'PhersonNew York Court of Chancery · 1818
- Tripp v. VincentNew York Court of Chancery · 1840
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Chase v. City of OshkoshWisconsin Supreme Court · 1892
- Merriman v. PeckMichigan Supreme Court · 1893
- Babcock v. PerryWisconsin Supreme Court · 1859
- Schmid v. Wayne Circuit JudgeMichigan Supreme Court · 1941