Pirie v. Hughes
Wisconsin Supreme Court
APPEAL from the Circuit Court for Iowa County. The defendants, being indebted to the plaintiffs, executed to them their promissory note for $1,005.27 and ten per cent, interest, dated June 27, 1877, and payable one day after date. The note contained a warrant of attorney in the usual form, authorizing any attorney of a court of record to confess judgment against the payees for the sum unpaid- thereon, and to release all errors which might intervene in the proceedings.
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APPEAL from the Circuit Court for Iowa County. The defendants, being indebted to the plaintiffs, executed to them their promissory note for $1,005.27 and ten per cent, interest, dated June 27, 1877, and payable one day after date. The note contained a warrant of attorney in the usual form, authorizing any attorney of a court of record to confess judgment against the payees for the sum unpaid- thereon, and to release all errors which might intervene in the proceedings. On the 29th of August, 1877, one Sweet, plaintiffs’ agent, caused judgment to be entered on the note pursuant to the warrant…
1Opinion of the CourtLyon, J.
The affidavit of the plaintiffs’ agent, annexed to the complaint in the proceedings which resulted in the judgment upon the note, is defective, because the agent’s means of knowing the fact to which he deposed are not stated therein. McCabe v. Sumner, 40 Wis., 386. This omission, however, is not a defect reaching the jurisdiction and rendering the judgment void, but is a mere irregularity. A similar omission was so regarded and dealt with in the case just cited. The defect being only an irregularity, it is not sufficient ground for vacating the judgment, unless the judgment is unjust or…
2Cases cited3 opinions
- Bonnell v. GrayWisconsin Supreme Court · 1875
- Cobb v. SmithWisconsin Supreme Court · 1875
- McCabe v. SumnerWisconsin Supreme Court · 1876
3Cited by6 opinions
- Ford v. HillWisconsin Supreme Court · 1896
- Mabbett v. VickWisconsin Supreme Court · 1881
- Marshall & Ilsley Bank v. Milwaukee Worsted MillsWisconsin Supreme Court · 1893
- Rogers v. CherrierWisconsin Supreme Court · 1889
- Brace v. StacyWisconsin Supreme Court · 1882
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