McLaren v. Kehlor
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Action upon a money demand on contract. The complaint was verified. The summons was served August 14, 1865, by leaving a copy, with defendant’s wife at his last place of abode in this state. On the 2d of September, James G. Jenkins, Esq., served on plaintiffs’ attorneys a notice of retainer for defendant, and a demand for a copy of the complaint ; and the complaint was served on him on the 22d of that month.
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APPEAL from the Circuit Court for Milwaukee County. Action upon a money demand on contract. The complaint was verified. The summons was served August 14, 1865, by leaving a copy, with defendant’s wife at his last place of abode in this state. On the 2d of September, James G. Jenkins, Esq., served on plaintiffs’ attorneys a notice of retainer for defendant, and a demand for a copy of the complaint ; and the complaint was served on him on the 22d of that month. Afterwards the time for answering was extended by agreement of the attorneys, until about the close of the year. On the 16th of…
1Opinion of the CourtPaine, J.
The ground attempted to be shown for letting the defendant in to answer, was that he did not receive the answer forwarded to him by his attorney for verification, before judgment. If he did receive that answer, it seems obvious that no ground whatever is shown, because there is no pretense of any other mistake, surprise or excusable neglect. "We think from the affidavits that he did receive the answer in time to have returned it and had a trial on the merits before any judgment was taken, if he desired to do so.
The affidavits are evasive. It appears from the officer’s return and affidavit,…
2Cited by3 opinions
- Seymour v. Board of SupervisorsWisconsin Supreme Court · 1876
- Churchill v. WelshWisconsin Supreme Court · 1879
- Black v. HurlbutWisconsin Supreme Court · 1888