Gillett v. Houghton
Wisconsin Supreme Court
TWO APPEALS PROM CIRCUIT COURT, BAD AX COUNTY. The judgment in this action, which was founded upon a negotiable promissory note, was entered by the clerk for the amount mentioned in the summons, upon the default of the defendant.
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TWO APPEALS PROM CIRCUIT COURT, BAD AX COUNTY. The judgment in this action, which was founded upon a negotiable promissory note, was entered by the clerk for the amount mentioned in the summons, upon the default of the defendant. It was so entered as upon a verified complaint under section 158 of the code, subd. 1, and therefore no assessment was made, by the clerk in form, of the amount due to the plaintiff The judgment was perfected November 21,1857. A motion to vacate the judgment was made on the 19th June, 1858, at the June term of the circuit court of Bad Ax county, the second regular…
1Opinion of the Court
By the Court,
Smith, J.
These two cases are appeals from the circuit court of Bad Ax county. Both cases are founded upon the same state of facts, were both argued at the same time, and will be disposed of together.
The only question presented by the record in this case is: *313whether the verification of the complaint was sufficient as required by the code of procedure.
The judgment was entered under section 158 of the code, as upon a verified complaint, no answer having been put in. The court below, on motion, vacated the judgment for the reason that the verification of the complaint was held to be…
2Cited by4 opinions
- Morley v. GuildWisconsin Supreme Court · 1861
- Crane v. WileyWisconsin Supreme Court · 1861
- Market National Bank of New York v. HoganWisconsin Supreme Court · 1867
- Bates v. PikeWisconsin Supreme Court · 1859