Legal Opinion

Egan v. Sengpiel

Wisconsin Supreme Court

Decided January 15, 1879PublishedCited by 15 opinions

APPEAL from the Circuit Court for Iowa County. The case is thus stated by Mr. Justice Tatloh: “ This is an action to recover on an account for medical services and medicines. The complaint was duly verified, and served with the summons.

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APPEAL from the Circuit Court for Iowa County. The case is thus stated by Mr. Justice Tatloh: “ This is an action to recover on an account for medical services and medicines. The complaint was duly verified, and served with the summons. Within twenty days after the service of the summons and complaint, the defendant gave notice of an appearance by his attorney, and demanded a bill of items of the plaintiff’s account, but did not serve any answer or demurrer to the complaint, nor obtain any order staying proceedings on the part of the plaintiff. On the 21st day of September, 1877, and after…

1Opinion of the CourtTayloe, J.

The only question involved in this appeal is, whether the court had power to set aside this judgment after the expiration of the next term of the court after the entry thereof.

For the purpose of this appeal, the case must, be treated as though the motion to vacate the same was originally made on the 24th day of August, 1878. As the former motion had not been heard at the October term, 1877, and no continuance of such hearing had been made by the court, that motion fell with the adjournment of the October term of said court. We *706do not intend to decide that the court would have had the power to…

2Cases cited11 opinions

  1. Ætna Life Insurance v. McCormickWisconsin Supreme Court · 1866
  2. Salter v. HilgenWisconsin Supreme Court · 1876
  3. Bonnell v. GrayWisconsin Supreme Court · 1875
  4. Wells v. MortonWisconsin Supreme Court · 1860
  5. Pinger v. VanclickWisconsin Supreme Court · 1874

6 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Gray v. HallCalifornia Supreme Court · 1928
  2. Wisconsin Public Service Corp. v. KristWisconsin Supreme Court · 1981
  3. Einstein's Sons & Leffler v. DavidsonSupreme Court of Florida · 1895
  4. Griggs v. HansonSupreme Court of Kansas · 1912
  5. Frankfurth v. AndersonWisconsin Supreme Court · 1884

10 more not listed; retrieve them via the Exa API.

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