Behl v. Schuette
Wisconsin Supreme Court
Appeal from an order of the circuit court for Columbia county: R. G-. SieeecKee, Circuit Judge. This was an action on a promiss'ory note for about $250, to which defendants pleaded a counterclaim of ab.out $100. At the December term of the circuit court for 1895, held at Portage City, in Columbia county, Wisconsin, commencing on the 3d day of the month, the cause was on the calendar for trial. It was reached in its order on the 12th.
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Appeal from an order of the circuit court for Columbia county: R. G-. SieeecKee, Circuit Judge. This was an action on a promiss'ory note for about $250, to which defendants pleaded a counterclaim of ab.out $100. At the December term of the circuit court for 1895, held at Portage City, in Columbia county, Wisconsin, commencing on the 3d day of the month, the cause was on the calendar for trial. It was reached in its order on the 12th. Defendants, with their attorneys and witnesses, were in court ready for trial. Neither plaintiff nor his attorneys were present. Defendants’ attorneys waived a…
1Opinion of the CourtMaeshall, J.
It sufficiently appears that the failure of the plaintiff to be present with his witnesses and attorneys in time for the trial was wholly on account of his being misinformed of the conditions of the order setting the case for .such trial. TJnder the statutes providing for the relief of a party from the consequences of mistake, inadvertence, surprise, or excusable neglect (sec. 2832, R. S.), a party may properly be held excusable for the negligence of his attorney, and be relieved from such negligence on proper terms. Whereatt v. Ellis, 70 Wis. 207; Hanson v. Michelson, 19 Wis. 499; Flanders…
2Cases cited2 opinions
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