Cleveland v. Burnham
Wisconsin Supreme Court
APPEALS from the Circuit Court for Mihocmhee County. The action was commenced in April, 1862, by Newcomb Cleveland, on his own behalf and on behalf of all other creditors of the Marine Bank of Milwaukee who should make themselves parties to the proceeding, against the bank to collect debts alleged to be due therefrom. Jonathan Bv/rnham and various others, alleged to have been ■stockholders in the bank at the time the indebtedness accrued, were also made defendants.
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APPEALS from the Circuit Court for Mihocmhee County. The action was commenced in April, 1862, by Newcomb Cleveland, on his own behalf and on behalf of all other creditors of the Marine Bank of Milwaukee who should make themselves parties to the proceeding, against the bank to collect debts alleged to be due therefrom. Jonathan Bv/rnham and various others, alleged to have been ■stockholders in the bank at the time the indebtedness accrued, were also made defendants. Other creditors were subsequently made parties plaintiff. An order sustaining a demurrer to the amended complaint was reversed by…
1Opinion of the Court
The following opinion was filed, upon the appeal from the order refusing to set aside the judgment:
Cole, C. J.
We are disposed to hold that the defendant Burnham made out a case of excusable neglect within the statute (sec. 2832, R. S.), and should have been let in to defend. It is true, he was personally served with process when the suit was commenced, in April, 1862. It likewise appears-that an answer was served by the firm of Butler, Buttrick & Oottrill for the defendants, including Burnham. But the affidavit of Mr. Oottrill fully explains how this mistake was made. It shows conclusively —…
2Cases cited2 opinions
- Coleman v. WhiteWisconsin Supreme Court · 1862
- Cleveland v. Marine Bank of MilwaukeeWisconsin Supreme Court · 1863
3Cited by8 opinions
- Foster v. RowMichigan Supreme Court · 1899
- Sleeper v. GoodwinWisconsin Supreme Court · 1887
- Cleveland v. BurnhamWisconsin Supreme Court · 1884
- Booth v. DearWisconsin Supreme Court · 1897
- Board of Supervisors v. PabstWisconsin Supreme Court · 1885
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