Town of Omro v. Ward
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Judgment was rendered against defendant in this cause, on his failure to appear when the cause was called for trial, December 22, 1863. Afterwards he moved to set aside the judgment, and for a new trial, on an affidavit of Erank W. Riddle, Esq., showing that he had been employed, as an attorney in the cause, to be present when it was called and procure, if possible, a continuance of the same, upon an affidavit made for that…
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APPEAL from the Circuit Court for Winnebago County. Judgment was rendered against defendant in this cause, on his failure to appear when the cause was called for trial, December 22, 1863. Afterwards he moved to set aside the judgment, and for a new trial, on an affidavit of Erank W. Riddle, Esq., showing that he had been employed, as an attorney in the cause, to be present when it was called and procure, if possible, a continuance of the same, upon an affidavit made for that purpose and filed in the cause on the 22d of December ; and that he took the train from Milwaukee to Oshkosh (the place…
1Opinion of the Court
By the Court,
Cole, J.
The motion to set aside the judgment appears to have been founded solely on the affidavit of Riddle. This shows a. perfectly satisfactory reason why he did not reach the place of trial until after the cause was reached and judgment rendered. His detention was in consequence of an unavoidable accident on the railroad, which prevented him from making his connection at the Minnesota Junction. Therefore due diligence was shown.
It is insisted that the judgment should not have been set aside without an affidavit of merits accompanying the motion. Such an affidavit upon taking…
2Cases cited2 opinions
- Mowry v. HillWisconsin Supreme Court · 1860
- Shewey v. ManningWisconsin Supreme Court · 1861
3Cited by7 opinions
- Bloor v. SmithWisconsin Supreme Court · 1901
- Levy v. GoldbergWisconsin Supreme Court · 1876
- Cleveland v. HopkinsWisconsin Supreme Court · 1882
- Gauthier v. RusickaNorth Dakota Supreme Court · 1892
- Koch v. Wisconsin Pea Canners Co.Wisconsin Supreme Court · 1911
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