McIndoe v. Hazelton
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Marathon County. In December, 1854, “ Mclndoe & Shuter” executed their note to “ Robert Holmes of St. Louis, Missouri, or order” for $15,500, payable one day after date, with interest at one per cent.
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APPEAL from tbe Circuit Court for Marathon County. In December, 1854, “ Mclndoe & Shuter” executed their note to “ Robert Holmes of St. Louis, Missouri, or order” for $15,500, payable one day after date, with interest at one per cent. A warrant of attorney to confess judgment was attached to said note, executed by Walter D. Mclndoe and Charles Shu-ter, which contains the following recital: “ Whereas the subscribers, W. D. Mclndoe and Charles Shuter, are justly indebted to Robert Holmes of Saint Louis, Missouri, upon a certain promissory note of even date herewith, for the sum of $15,500,…
1Opinion of the Court
By the Court,
DIXON, O. J.
I think the objection to the judgment upon confession is without any foundation either at law or in equity. The defect was certainly cured by the statute of amendments before the code. R. S. 1849, ch. 100, sec. 7 and subd. 10. And by the next section it would have been the duty of the court below, and of this court-upon error, to have granted an amendment. The record itself supplies the means. The full names of the judgment debtors appear by the warrant, which by statute was to be, and was, filed with the clerk. B. S. 1849, ch. 102, sec. 13. Under the English statutes…
2Cases cited7 opinions
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- Stokes v. KnarrWisconsin Supreme Court · 1860
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3Cited by8 opinions
- Hunter v. Cleveland Co-operative Stove Co.Supreme Court of Minnesota · 1884
- Leonard v. YohnkWisconsin Supreme Court · 1887
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