Seymour v. Board of Supervisors
Wisconsin Supreme Court
APPEAL from the Circuit Court for Chippewa County. This is an action upon a large number of county orders, in the usual form, purporting to have been issued by the authority of the defendant board of supervisors. The complaint states a separate cause of action on each, order in favor of the plaintiff, and is verified.
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APPEAL from the Circuit Court for Chippewa County. This is an action upon a large number of county orders, in the usual form, purporting to have been issued by the authority of the defendant board of supervisors. The complaint states a separate cause of action on each, order in favor of the plaintiff, and is verified. The defendant failed to answer within the time prescribed by law, or to appear in the action, and judgment by default was rendered for the full amount of plaintiff’s claim. It appears from the record that tlie demand in the original complaint was for a judgment “against the…
1Opinion of the CourtLyon, J.
It is quite immaterial to the determination of this appeal -whether the circuit court granted the plaintiff’s motion to amend the complaint and judgment, or not, or whether such amendment, if allowed, is regular or irregular, because, as this court has repeatedly held, the circuit court had no power to disturb the judgment at a subsequent term for any such cause. The only power which the circuit court had over the judgment, when the motion to set it aside was made, is given in sec. 38, eh. 125, R. S.; and unless the defendant brought itself within that statute, the motion was properly denied.
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2Cases cited2 opinions
- Johnson v. EldredWisconsin Supreme Court · 1861
- McLaren v. KehlorWisconsin Supreme Court · 1867
3Cited by14 opinions
- Siebert v. Jacob Dudenhoefer Co.Wisconsin Supreme Court · 1922
- Wessling v. HiebWisconsin Supreme Court · 1923
- Smith v. SmithWisconsin Supreme Court · 1881
- Evans v. Fall River CountySouth Dakota Supreme Court · 1893
- Milwaukee Mutual Loan & Building Society v. JagodzinskiWisconsin Supreme Court · 1893
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