Blaikie v. Griswold
Wisconsin Supreme Court
APPEAL FROM CIRCUIT COURT, RACINE COUNTY. Andrew Blaikie filed his declaration, describing himself as the assignee of James A. Smith and Charles B. Smith, against Harry Griswold and Franklin J. Burcham, as partners, &c., in the common money counts, to which was appended a' notice in the usual form, that the claim was founded upon two promissory notes, each for $2,317,50, dated January 23, 1858, payable to the Smiths, in 90 days from date, on one' of which was indorsed…
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APPEAL FROM CIRCUIT COURT, RACINE COUNTY. Andrew Blaikie filed his declaration, describing himself as the assignee of James A. Smith and Charles B. Smith, against Harry Griswold and Franklin J. Burcham, as partners, &c., in the common money counts, to which was appended a' notice in the usual form, that the claim was founded upon two promissory notes, each for $2,317,50, dated January 23, 1858, payable to the Smiths, in 90 days from date, on one' of which was indorsed $719,03. There was a power of attorney to confess judgment, dated the same day, which was also filed. The attorney for Blaikie…
1Opinion of the Court
By the Court,
Paine, J.
We do not discover upon this record any good ground for setting aside the judgment. The judgment was entered upon a Warrant of attorney, given by the respondents for the amount due upon a promissory note, and the proceedings appear to be in strict conformity to section 12, chap. 140, R. S., 1859, and the subsequent sections in that chapter. In the commencement of the complaint, the plaintiff describes himself as assignee of James A. Smith and Charles B. Smith; and it is objected that the complaint should, by some appropriate averment, show that the action was instituted…
2Cases cited1 opinion
- Dilley v. Van WieWisconsin Supreme Court · 1858
3Cited by12 opinions
- Bonnell v. GrayWisconsin Supreme Court · 1875
- Anderson v. SloaneWisconsin Supreme Court · 1888
- Witter v. NeevesWisconsin Supreme Court · 1891
- McCabe v. SumnerWisconsin Supreme Court · 1876
- Rock-Koshkonong Lake District v. State Department of Natural ResourcesWisconsin Supreme Court · 2013
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