Kremer v. Sponholz
Wisconsin Supreme Court
Appeal 'from an order of the circuit court for Milwaukee county: J. 0. Ludwig-, Circuit Judge. This is an appeal from an order refusing to open a default judgment and permit a defense to he interposed. The defendants in 1892 borrowed $7,375.15 in one sum and $650 in another, giving their promissory notes therefor and securing each by a mortgage on real estate occupied by them for some years prior to the foreclosure proceedings hereafter mentioned.
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Appeal 'from an order of the circuit court for Milwaukee county: J. 0. Ludwig-, Circuit Judge. This is an appeal from an order refusing to open a default judgment and permit a defense to he interposed. The defendants in 1892 borrowed $7,375.15 in one sum and $650 in another, giving their promissory notes therefor and securing each by a mortgage on real estate occupied by them for some years prior to the foreclosure proceedings hereafter mentioned. Yalentin Blatz acquired said securities and subsequently died. Some two years thereafter and in February, 1896, the circumstances being such that…
1Opinion of the CourtMaRshall, J.
The appellants’ application was addressed to the sound discretion of the court and, therefore, the result cannot he successfully attacked except for abuse of such discretion. That is elementary. True, as counsel for appellants contends, that rule contemplates the exercise of legal discretion, — that is that the trial judge shall exercise sound judgment upon the facts and circumstances of the case, recognizing the spirit of the Code that every person háving within reasonable probabilities, apparently, a meritorious cause of action or defense shall have an opportunity to present the same for…
2Cases cited3 opinions
- Seymour v. Board of SupervisorsWisconsin Supreme Court · 1876
- Port Huron Engine & Thresher Co. v. ClementsWisconsin Supreme Court · 1902
- Union Lumbering Co. v. Board of Supervisors of Chippewa CountyWisconsin Supreme Court · 1879
3Cited by5 opinions
- Cantwell v. CantwellIndiana Supreme Court · 1957
- Phillips v. Portage Transit Co.Wisconsin Supreme Court · 1908
- Kissinger v. ZiegerWisconsin Supreme Court · 1909
- Cantwell v. CantwellIndiana Supreme Court · 1957
- Union Central Life Insurance v. FlynnSupreme Court of Minnesota · 1936