Bertline v. Bauer
Wisconsin Supreme Court
APPEAL from the Circuit Court for Calumet County. This was an action for damages resulting to the plaintiff from defendant’s acts, in wrongfully obstructing a highway adjoining plaintiff’s land.
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APPEAL from the Circuit Court for Calumet County. This was an action for damages resulting to the plaintiff from defendant’s acts, in wrongfully obstructing a highway adjoining plaintiff’s land. The summons was served December 2,1868, and judgment was taken against defendant, in default of an answer, on the 12th of January, 1869, the damages having been assessed by a'jury at $500. On the next day, defendant obtained an order staying proceedings, and moved for an order setting aside the judgment, and giving him leave to file an answer. No proposed answer was filed with the motion papers. The…
1Opinion of the CourtPaiwe, J.
Notwithstanding the affidavits presented by the appellant showed clearly enough that the summons was personally served on the defendant, and that he had some sort of an understanding that a suit was pending against him for damages, we still think it cannot be held an abuse of discretion to let the defendant in to answer upon just terms. It is not only possible, but probable, that his understanding of the matter was confused, and that he had confounded the civil and criminal proceedings together, and supposed that it would be in time for him to answer to the whole matter when called on in…
2Cited by4 opinions
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