Jones v. Gilman
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. Action to foreclose a mortgage executed to the plaintiff hy the defendant Mary N. Oilman, May 18, 1859, to secure her note of same date for $600 with 12 per cent.' interest. The defendant’s answer set up the defense of usury, and also a counter-claim for $104 54. The plaintiff’s reply admitted the counter-claim.
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APPEAL from the Circuit Court for Dane County. Action to foreclose a mortgage executed to the plaintiff hy the defendant Mary N. Oilman, May 18, 1859, to secure her note of same date for $600 with 12 per cent.' interest. The defendant’s answer set up the defense of usury, and also a counter-claim for $104 54. The plaintiff’s reply admitted the counter-claim. When the case was reached by the circuit court, on the 5th of January, 1861, an order was made, at the plaintiff’s request, discontinuing the action. On the next day, upon application of the plaintiff’s attorney, and after notice to the…
1Opinion of the Court
By the Court,
Cole, J.
We have no doubt that tbe circuit court bad power to set aside tbe discontinuance which had been entered in this case under a misapprehension. That order was inadvertently made undoubtedly, and tbe court properly corrected the mistake which had been committed. Tbe cause was re-instated, it appears, upon motion, and upon due notice to tbe opposite party, and we can see no objection to tbe practice here adopted. For certainly, if a cause happens to be discontinued through a mistake of tbe court or counsel, as to tbe service of process or tbe state of tbe pleadings, the…
2Cited by8 opinions
- Welp v. GuntherWisconsin Supreme Court · 1880
- Sage v. McLaughlinWisconsin Supreme Court · 1874
- Clear View Estates, Inc. v. VeitchWisconsin Supreme Court · 1975
- In re SchusterWisconsin Supreme Court · 1892
- Briggs v. SeymourWisconsin Supreme Court · 1863
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