Mowry v. Hill
Wisconsin Supreme Court
APPEAL PROM COUNTS'COURT, DANE COUNTS- This was an action commenced by Luke Mowry against John P. W. Hill and.wife to foreclose a mortgage. The complaint was in the usual form, and verified, and served on the 13th of May, 1859. On the 13th of September, the defendants moved to dismiss the summons for irregularity in its form, which was over-ruled on the 14th, and on the same day the plaintiff entered judgment for the amount of the mortgage for want of answer.
Read the full summary
APPEAL PROM COUNTS'COURT, DANE COUNTS- This was an action commenced by Luke Mowry against John P. W. Hill and.wife to foreclose a mortgage. The complaint was in the usual form, and verified, and served on the 13th of May, 1859. On the 13th of September, the defendants moved to dismiss the summons for irregularity in its form, which was over-ruled on the 14th, and on the same day the plaintiff entered judgment for the amount of the mortgage for want of answer. On the 16th, Hill served an answer sworn to, and an affidavit of one of his attorneys that' the motion to dismiss the summons was made…
1Opinion of the Court
By the Court,
Paine, J.
The judgment, for want of an answer, in this case, seems to have been regularly entered. *149The motion to dismiss the summons having been determined, and the time for answering having expired, the plaintiff was entitled to judgment for want of an answer. But it is very clear that under the peculiar circumstances, the defendant should have been let in to defend, on a proper application, showing merits and good faith.
He presented a sworn answer, but no affidavit of merits. His counsel concedes that the rule is established in cases at law, that an affidavit of merits is…
2Cases cited1 opinion
- Jones v. RussellNew York Supreme Court · 1848
3Cited by8 opinions
- Pinger v. VanclickWisconsin Supreme Court · 1874
- Gunn v. MadiganWisconsin Supreme Court · 1871
- Levy v. GoldbergWisconsin Supreme Court · 1876
- Gauthier v. RusickaNorth Dakota Supreme Court · 1892
- Town of Omro v. WardWisconsin Supreme Court · 1865
3 more not listed; retrieve them via the Exa API.