Welch v. May
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Bock County. This was an appeal from an order refusing to set aside a judgment. The judgment was entered on tbe 10th of June, 1858, upon an affidavit of due service of summons and complaint, and of no appearance or answer witbin tbe time for answering; but it was also stated in tbe affidavit, that on tbe 4th of June, 1858, fifty-nine days after service of complaint, an answer was left in tbe office of tbe plaintiff's attorneys, in tbeir…
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APPEAL from tbe Circuit Court for Bock County. This was an appeal from an order refusing to set aside a judgment. The judgment was entered on tbe 10th of June, 1858, upon an affidavit of due service of summons and complaint, and of no appearance or answer witbin tbe time for answering; but it was also stated in tbe affidavit, that on tbe 4th of June, 1858, fifty-nine days after service of complaint, an answer was left in tbe office of tbe plaintiff's attorneys, in tbeir absence, wbicb they immediately returned because it was not served in time. Tbe summons and copy of complaint were served on…
1Opinion of the Court
By the Court,
Paine, J.
Tbe order refusing to set aside *202tbe judgment must be affirmed, for tbe reason that tbe motion was made too late. Tbe judgment was entered on tbe lOtb of June, 1858. In March, 1859, tbe defendant obtained an order staying proceedings, and then slumberedj until July, 1860. This is not sucb diligence as tbe law requires in those who honestly desire to be relieved from a judgment which has been improperly entered against them. Bliss vs. Treadway, 1 How. Pr. R., 245; Patterson vs. Graves, 11 id., 91; Jones vs. Slate Company, 16 id., 129; Sanderson vs. Dox, 6 Wis., 164.
Tbe…
2Cases cited1 opinion
- Sanderson v. DoxWisconsin Supreme Court · 1858