Quaw v. Lameraux
Wisconsin Supreme Court
APPEAL from the Circuit Court for Marathon County. Action to foreclose a mortgage. The mortgagor, John Stack-house, died some time prior to the commencement of the suit, leaving a widow and several children. Personal service of the summons was made upon Dora Lameraux, one of the heirs of the mortgagor, but not upon any other defendant; and none of the defendants appeared in the action.
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APPEAL from the Circuit Court for Marathon County. Action to foreclose a mortgage. The mortgagor, John Stack-house, died some time prior to the commencement of the suit, leaving a widow and several children. Personal service of the summons was made upon Dora Lameraux, one of the heirs of the mortgagor, but not upon any other defendant; and none of the defendants appeared in the action. Judgment of foreclosure was entered, and the premises sold in pursuance thereof by the sheriff. Before confirmation of the sale, but after the term at which judgment was taken, defendants moved the court to set…
1Opinion of the CourtCole, J.
The motion made in this cause was to set aside the judgment of foreclosure, the sale, and the report of sale made by the sheriff, and that the defendants have leave to file and serve an answer therein. This motion was made a,t a term subsequent to that at which the judgment was rendered, and there would therefore seem to be an insuperable difficulty in the way of vacating the judgment, unless the parties brought themselves within the provision of section 38, ch. 125, R. S. That section authorizes the court to relieve a party within one year after notice thereof, from a judgment, order or…
2Cases cited1 opinion
- Ely v. TallmanWisconsin Supreme Court · 1861
3Cited by4 opinions
- Fischbeck v. MielenzWisconsin Supreme Court · 1916
- Williams v. HayesWisconsin Supreme Court · 1887
- State Ex Rel. Wall v. SovinskiWisconsin Supreme Court · 1940
- Main v. McLaughlinWisconsin Supreme Court · 1891