Stilson v. Rankin
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lao County. The action first above named was for the foreclosure of a mortgage, and the complaint was in the usual form, duly verified. Itanium and Edgerton, judgment creditors of the mortgagor, served separate verified answers to the complaint, on information and belief. The other defendants made default.
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APPEAL from the Circuit Court for Fond du Lao County. The action first above named was for the foreclosure of a mortgage, and the complaint was in the usual form, duly verified. Itanium and Edgerton, judgment creditors of the mortgagor, served separate verified answers to the complaint, on information and belief. The other defendants made default. On July 6, 1876, judgment was rendered for the plaintiff against all the defendants.- On the 17th of July, at the same term, application was made upon affidavits to set aside the judgment. The affidavit of James Coleman, one of Mcmhm’s attorneys,…
1Opinion of the CourtRyan, C. J.
The respondent and one of his codefendants severally answered the complaint, each claiming to be a judgement creditor of the mortgagor, and each impeaching the consideration of the mortgage on like grounds, upon information and belief. Neither of them made any affidavit of merits, on the motion to vacate the judgment; nor any one for them, except one of the respondent’s attorneys. This gentleman states in his affidavit, that, from the respondent’s statement of the case to him, he believes that the respondent has a good and substantial defense upon the merits. This is not a sufficient…
2Cases cited2 opinions
- Burnham v. SmithWisconsin Supreme Court · 1860
- Holden v. KirbyWisconsin Supreme Court · 1866
3Cited by9 opinions
- Jensen v. BarbourMontana Supreme Court · 1892
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- Boutin v. CatlinWisconsin Supreme Court · 1899
- Superior Consolidated Land Co. v. DunphyWisconsin Supreme Court · 1896
- Hinman v. C. H. Hamilton Paper Co.Wisconsin Supreme Court · 1881
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