Donkle v. Milem
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. The appellant entered judgment by confession in the circuit court for Dane county, on an ordinary judgment note, joint and several in form, against Arthur B. White, Susan G. White, and the respondent, Matthew Milem.
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APPEAL from the Circuit Court for Dane County. The appellant entered judgment by confession in the circuit court for Dane county, on an ordinary judgment note, joint and several in form, against Arthur B. White, Susan G. White, and the respondent, Matthew Milem. Milem applied by motion to the court for an order opening the judgment as against him, and to be allowed to answer, founded on the affidavits of all of the defendants and a proposed answer, duly verified, denying the execution of the note described in the plaintiff’s complaint, but admitting that he did sign a note for the same amount…
1Opinion of the CourtPinhey, J.
1. The order opening the judgment as to the defendant Milem and allowing him to serve an answer and defend was an order “ upon a summary application in an action after judgment,” and was appealable. R. S. sec. 3069, subd. 2. But the plaintiff did not appeal from this order, and his right to do so did not survive the judgment thereafter rendered in favor of the defendant Milem. American B. H., O. & S. M. Co. v. Gurnee, 38 Wis. 533. There is no bill of exceptions making the ruling of the court on the motion to open the judgment and allow the proposed defense a part of the record, and there is…
2Cases cited10 opinions
- State v. McFetridgeWisconsin Supreme Court · 1893
- Cord v. SouthwellWisconsin Supreme Court · 1862
- Bowman v. Van KurenWisconsin Supreme Court · 1871
- American Button-Hole, Overseaming & Sewing Machine Co. v. GurneeWisconsin Supreme Court · 1875
- Cramer v. HanafordWisconsin Supreme Court · 1881
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3Cited by16 opinions
- Town of Iron River v. Bayfield CountyWisconsin Supreme Court · 1900
- Mooney v. DonovanNorth Dakota Supreme Court · 1899
- Drake v. ScheunemannWisconsin Supreme Court · 1899
- Kelm v. KelmWisconsin Supreme Court · 1931
- Rode v. Sealtite Insulation Manufacturing Corp.Wisconsin Supreme Court · 1958
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