Kirst v. Wells
Wisconsin Supreme Court
APPEAL from the Circuit Court for Clark County. The action was commenced in the circuit court by personal service of the summons and complaint on the defendant. The complaint is the common count for goods sold and delivered by the plaintiffs to the defendant, to the value of $162.18. It admits the payment thereon of $72.18, and demands judgment for $90, with interest and costs.
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APPEAL from the Circuit Court for Clark County. The action was commenced in the circuit court by personal service of the summons and complaint on the defendant. The complaint is the common count for goods sold and delivered by the plaintiffs to the defendant, to the value of $162.18. It admits the payment thereon of $72.18, and demands judgment for $90, with interest and costs. The summons also specified $90, and the interest thereon from a given date, as the amount for which judgment would be taken should the defendant fail to answer. The verification of the complaint is as follows: “Clark…
1Opinion of the CourtLyon, J.
It is conceded that the complaint states a cause of action, and the only grounds upon which the regularity of the judgment for damages is questioned, are these: first, that, although the demurrer had been overruled, no judgment could regularly be entered without the order of the court; and second, that the complaint is not properly verified, and hence that the clerk had no authority to enter the judgment without an assessment of damages, of which five days’ notice should have been given to the defendant’s attorney. R. S. 1858, ch. 132, sec. 27. No such notice was given.
When the judgment was…
2Cases cited1 opinion
- Trumbull v. PeckWisconsin Supreme Court · 1863
3Cited by2 opinions
- Blomberg v. StewartWisconsin Supreme Court · 1886
- Closson v. ChaseWisconsin Supreme Court · 1914