Ean v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
Appeal from an.order of the superior court of Milwaukee county: R. N. Austin, Judge. This action was commenced in the superior court of Milwaukee county to recover damages for the wrongful act of the defendant which caused the death of plaintiff’s intestate. Upon the trial the defendant objected to the admission of any evidence under the complaint, on the ground that it failed to state facts sufficient to constitute a cause of action.
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Appeal from an.order of the superior court of Milwaukee county: R. N. Austin, Judge. This action was commenced in the superior court of Milwaukee county to recover damages for the wrongful act of the defendant which caused the death of plaintiff’s intestate. Upon the trial the defendant objected to the admission of any evidence under the complaint, on the ground that it failed to state facts sufficient to constitute a cause of action. The objection was sustained, and thereafter a judgment was entered dismissing the complaint, and for costs. The plaintiff appealed to this court, and upon a…
1Opinion of the Court
The following opinion was filed September 20, 1898:
BaRdeen, J.
The provisions of sec. 2832, E. S. 18?8, under which it is sought to justify the action of the court below, are substantially to the effect that the court or judge may, in discretion and upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment against him “ through his mistake, inadvertence, surprise or excusable neglect.” The appellant con*168tests the validity of- this order, upon the ground that the superior court had no power to vacate the judgment. The importance. of this…
2Cases cited15 opinions
- Gaines v. RuggSupreme Court of the United States · 1893
- West v. BrashearSupreme Court of the United States · 1840
- Chouteau v. AllenSupreme Court of Missouri · 1881
- Patten Paper Co. v. Green Bay & Mississippi Canal Co.Wisconsin Supreme Court · 1896
- Wells v. American Express Co.Wisconsin Supreme Court · 1882
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3Cited by21 opinions
- Hodges v. SnyderSouth Dakota Supreme Court · 1922
- State ex rel. Zabel v. Municipal Court of Milwaukee CountyWisconsin Supreme Court · 1923
- Miller Saw-Trimmer Co. v. CheshireWisconsin Supreme Court · 1922
- Belt Line Realty Co v. DickWisconsin Supreme Court · 1930
- Bevering v. SmithSupreme Court of Iowa · 1903
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