Bloor v. Smith
Wisconsin Supreme Court
Appeal from orders of the circuit court for Dodge county: James J. Dick, Circuit Judge. On January 3, 1900, the plaintiffs recovered a judgment of foreclosure and sale against the appellant, Emma, Maud Smith, impleaded with her minor brother, John T. Smith, Jr., and her adult sister, Regina Smith, as testamentary trustee and personally, which judgment was based upon a mortgage on certain real estáte in the village of Fox Lake, in Dodge county, executed by Regina Smith as…
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Appeal from orders of the circuit court for Dodge county: James J. Dick, Circuit Judge. On January 3, 1900, the plaintiffs recovered a judgment of foreclosure and sale against the appellant, Emma, Maud Smith, impleaded with her minor brother, John T. Smith, Jr., and her adult sister, Regina Smith, as testamentary trustee and personally, which judgment was based upon a mortgage on certain real estáte in the village of Fox Lake, in Dodge county, executed by Regina Smith as testamentary trustee under the will of John T. Smith, deceased, which the complaint alleged was so executed pursuant to a…
1Opinion of the Court
The following opinion was filed November 5, 1901:
Dodge, J.
Appellant’s application to set aside the judgment against her and to permit her to defend was addressed to the judicial discretion of the circuit court. To warrant its allowance, two principal questions were presented for consideration: first, whether the proposed answer set forth a valid and sufficient defense; second, whether the applicant’s default was excused and a proper equitable case for relief presented. The first of these was a strict question of law, and must be reviewed as such. To that end, turning to the proposed answer,…
2Cases cited28 opinions
- Mohr v. ManierreSupreme Court of the United States · 1880
- Ruggles v. TysonWisconsin Supreme Court · 1899
- O'Dell v. RogersWisconsin Supreme Court · 1878
- Whereatt v. EllisWisconsin Supreme Court · 1887
- Schobacher v. Germantown Farmers' Mutual InsuranceWisconsin Supreme Court · 1883
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3Cited by14 opinions
- Hansher v. KaishianWisconsin Supreme Court · 1977
- Upham v. PlankintonWisconsin Supreme Court · 1913
- Seal v. BanesSupreme Court of Oklahoma · 1934
- Paschong v. HollenbeckWisconsin Supreme Court · 1961
- Wessling v. HiebWisconsin Supreme Court · 1923
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