Second Ward Bank v. Upman
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. On the 7th of January, 1859, a judgment was entered in the county court of Milwaukee county, in favor of the Second Ward Bank of Milwaukee against Diedrich and Henry Upman, on a note and warrant of attorney, for $2104 and costs.
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APPEAL from the County Court of Milwaukee County. On the 7th of January, 1859, a judgment was entered in the county court of Milwaukee county, in favor of the Second Ward Bank of Milwaukee against Diedrich and Henry Upman, on a note and warrant of attorney, for $2104 and costs. In February, 1860, the defendants moved to set aside the judgment and all other proceedings in the action, upon the ground, among other things, that the note and warrant of attorney, which were signed only in the- firm name of “ Upman & Son,” were signed by said D. Upman in the absence of Henry Upman and without his…
1Opinion of the Court
By the Court,
Dixoít, O. J.
Tbe authorities cited show that tbe writ of error coram nobis still exists in many of tbe states, but whether it does in this we need not now determine. Conceding that it does, we are of opinion that tbe defendants are bound by the decision upon tbe previous motion to set aside tbe judgment upon tbe same grounds now urged in support of tbe writ. It cannot be denied that for a long time past tbe same ends have been attained by motion, and that this practice has in great measure superseded tbe use of tbe writ Tbe practice by motion is so familiar and undisputed in ’…
2Cases cited3 opinions
- Martin Pickett's Heirs v. LegerwoodSupreme Court of the United States · 1833
- Pierce v. KneelandWisconsin Supreme Court · 1859
- Blaikie v. GriswoldWisconsin Supreme Court · 1860
3Cited by11 opinions
- White v. LaddOregon Supreme Court · 1902
- Hoge v. NortonSupreme Court of Kansas · 1879
- Asbell v. StateSupreme Court of Kansas · 1900
- Enderlin State Bank v. JenningsNorth Dakota Supreme Court · 1894
- Anderson v. SloaneWisconsin Supreme Court · 1888
6 more not listed; retrieve them via the Exa API.