Loucheine v. Strouse
Wisconsin Supreme Court
APPEAL from the Circuit Court for La Crosse County. Plaintiff appealed from an order vacating a judgment rendered in his favor and allowing the defendants to answer.
1Opinion of the CourtOrton, J.
There are two sufficient grounds for the reversal of the order setting aside the judgment and granting a new trial in this case:
*624First. The defendants should have tendered an answer setting up a good defense, supported by proper affidavits showing the probability of sustaining it. The judgment was rendered upon frivolous answer, without any leave to answer over, on the 18th day of July, 1878. The defendants moved, on the 3d dajr of June, 1879, for a vacation of the judgment, and for leave to file an amended answer upon certain affidavits; and such motion was granted without presenting any such…
2Cases cited3 opinions
- Callanan v. ShawSupreme Court of Iowa · 1868
- Mercer v. WrightWisconsin Supreme Court · 1854
- Levy v. GoldbergWisconsin Supreme Court · 1876
3Cited by18 opinions
- State v. SimsArizona Supreme Court · 1965
- State v. SimsArizona Supreme Court · 1965
- Keeley v. Great Northern Railway Co.Wisconsin Supreme Court · 1909
- State v. KiviojaWisconsin Supreme Court · 1999
- Hedger v. StateWisconsin Supreme Court · 1911
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