Wessling v. Hieb
Wisconsin Supreme Court
Appeal from an order of the circuit court for Eau Claire county: James Wickham, Circuit Judge. The appeal is by plaintiff from an order vacating the judgment of said court entered on cognovit on May 6, 1921. In support of the application for the vacation of the judgment the defendant submitted his affidavit, in which, among other things, he averred that on or about the 1st day of November, 1920, the plaintiff falsely and fraudulently represented to him that one of the heavy…
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Appeal from an order of the circuit court for Eau Claire county: James Wickham, Circuit Judge. The appeal is by plaintiff from an order vacating the judgment of said court entered on cognovit on May 6, 1921. In support of the application for the vacation of the judgment the defendant submitted his affidavit, in which, among other things, he averred that on or about the 1st day of November, 1920, the plaintiff falsely and fraudulently represented to him that one of the heavy stockholders of the Burlock Rubber Clothing Company had placed upon the market a large block of his stock for sale at…
1Opinion of the CourtDoerfler, J.
The judgment notes in question contained the usual provision for a release of errors, and, no irregularity or error appearing on the face, of the record, no relief could be granted by this court from the judgment on an appeal. It is also the rule that a judgment upon confession, entered in a court having jurisdiction, is supported by the same presumptions with respect to the regularity of the proceedings, the sufficiency of the pleadings and evidence, and other matters essential to its validity as a judgment in a contested action. 23 Cyc. 720, and cases cited in note 90.
The rule has also been…
2Cases cited10 opinions
- Zinc Carbonate Co. v. First National Bank of ShullsburgWisconsin Supreme Court · 1899
- Brown v. ParkerWisconsin Supreme Court · 1871
- Second Ward Savings Bank v. SchranckWisconsin Supreme Court · 1897
- Crowns v. Forest Land Co.Wisconsin Supreme Court · 1899
- Bloor v. SmithWisconsin Supreme Court · 1901
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Werner v. RiemerWisconsin Supreme Court · 1949
- State Ex Rel. Chinchilla Ranch, Inc. v. O'CONNELLWisconsin Supreme Court · 1952
- Grady v. MeyerWisconsin Supreme Court · 1931
- State ex rel. Bobroff v. BraunWisconsin Supreme Court · 1932
- Ellis v. GordonWisconsin Supreme Court · 1930
8 more not listed; retrieve them via the Exa API.