Smith v. Willing
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for La Crosse county: J. J. Fbuit, Circuit Judge. Action upon a judgment of the circuit court for Cook county, Illinois, entered July 24, 1899, without service of process, upon cognovit, based upon a certain writing in following words: “$2,500.00. La Crosse, Wisconsin, Sept. 2, ’97. Four months after date for value received, — I promise to pay to the order of twenty-five hundred dollars, at the oifice of People’s Rank, Bloomington,…
Read the full summary
Appeal from a judgment of the circuit court for La Crosse county: J. J. Fbuit, Circuit Judge. Action upon a judgment of the circuit court for Cook county, Illinois, entered July 24, 1899, without service of process, upon cognovit, based upon a certain writing in following words: “$2,500.00. La Crosse, Wisconsin, Sept. 2, ’97. Four months after date for value received, — I promise to pay to the order of twenty-five hundred dollars, at the oifice of People’s Rank, Bloomington, Illinois, with interest at seven per cent, per annum.until paid. “And to secure the payment of said amount I hereby…
1Opinion of the CourtDodge, J.
The parties seem not to controvert the proposition that under the law of Illinois, as under that of Wisconsin, a judgment 'entered upon cognovit under power of attorney, and without service of process or other notice to the defendant, is subject to review either by direct attack on motion, by suit in equity, or by defense when the judgment is made the basis of an action. Brown v. Parker, 28 Wis. 21; Lake v. Cook, 15 Ill. 353; Wyman v. Yeomans, 84 Ill. 403. Nor do they disagree upon the proposition that the judgment of the Illinois court must be accorded exactly the same faith and credit by…
2Cases cited21 opinions
- Angle v. North-Western Mutual Life InsuranceSupreme Court of the United States · 1876
- Trenton Banking Company v. . DuncanNew York Court of Appeals · 1881
- Brown v. ParkerWisconsin Supreme Court · 1871
- Lake v. CookIllinois Supreme Court · 1854
- Anderson v. CoburnWisconsin Supreme Court · 1871
16 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Ellis v. GordonWisconsin Supreme Court · 1930
- Norman F. Thiex, Inc. v. General Motors Acceptance Corp.Wisconsin Supreme Court · 1935
- Eller v. MillerWisconsin Supreme Court · 1910