Dufur v. Ashland County
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ashland County. This action was commenced June 17, 1893, to recover upon six several county orders issued by the defendant, and which had been assigned by the several payees thereof to the plaintiff. ' Each order is alleged in the complaint as a separate cause of action, and their aggregate amount is $221.38. The fifth cause of actión is upon an order for $19.75 issued by the defendant to Edward Fenelly, August 2, 1892, and assigned to the…
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APPEAL from the Circuit Court for Ashland County. This action was commenced June 17, 1893, to recover upon six several county orders issued by the defendant, and which had been assigned by the several payees thereof to the plaintiff. ' Each order is alleged in the complaint as a separate cause of action, and their aggregate amount is $221.38. The fifth cause of actión is upon an order for $19.75 issued by the defendant to Edward Fenelly, August 2, 1892, and assigned to the plaintiff. The defendant, by way of a counterclaim, alleged, in effect, that said Fenelly was county clerk of said county…
1Opinion of the CourtCassoday, J.
Undoubtedly, trial courts have control of their own judgments during the term at which they are entered, and during such term may set them aside for irregularities merely. As indicated in the foregoing statement, the application to vacate and set aside the judgment was made and denied at the same term of the court at which it was entered.
By the express terms of the order sustaining the demurrer, the defendant* could not be put in default except by ten days’ notice of the entry of said order. The rule of court required the cleric of the trial court to enter a brief statement of all…
2Cases cited2 opinions
- Knowles v. FritzWisconsin Supreme Court · 1883
- Reichert v. LonsbergWisconsin Supreme Court · 1894