Crane v. Wiley
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Winnebago County. Tbe case is stated in tbe opinion of tbe court. Tbe verification in this case is witbin tbe decision of tbis court in Mills vs. Houghton, 8 Wis., 312-313. Tbe verification is in tbe language prescribed by tbe statute; tbe person verifying is tbe plaintiff’s attorney, and as such has in bis possession tbe note upon which action is brought, both of which facts appear from tbe verification.
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APPEAL from tbe Circuit Court for Winnebago County. Tbe case is stated in tbe opinion of tbe court. Tbe verification in this case is witbin tbe decision of tbis court in Mills vs. Houghton, 8 Wis., 312-313. Tbe verification is in tbe language prescribed by tbe statute; tbe person verifying is tbe plaintiff’s attorney, and as such has in bis possession tbe note upon which action is brought, both of which facts appear from tbe verification. Tbe statute permits tbe attorney to verify in such cases without giving any reason why tbe party does not verify, or setting forth any means of knowledge or…
1Opinion of the Court
j$y ¿j¡e Qourt,
Cole, J.
This is an appeal from an order of the circuit court, setting aside and vacating a judgment. The action was commenced by the service of a summons and copy of a complaint upon the respondents.— At the expiration of the time for answering, the appellant proceeded and entered judgment for want of an answer. It appears that the respondents, within the time limited, served their answer upon the attorneys of the appellant, who immediately returned the same because it was not verified, and took judgment as by default. The respondents contend that as the verification of the…
2Cases cited3 opinions
- Morley v. GuildWisconsin Supreme Court · 1861
- Kinkaid v. Kipp & BrownThe Superior Court of New York City · 1853
- Gillett v. HoughtonWisconsin Supreme Court · 1859
3Cited by9 opinions
- Bonnell v. GrayWisconsin Supreme Court · 1875
- McCabe v. SumnerWisconsin Supreme Court · 1876
- Wiley v. C. Aultman & Co.Wisconsin Supreme Court · 1881
- Knowles v. FritzWisconsin Supreme Court · 1883
- Market National Bank of New York v. HoganWisconsin Supreme Court · 1867
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