Wilcox v. Holmes
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bock County. Thie action was commenced in a justice’s court, and judgment was rendered against the defendant on his default; from wbicb an appeal was taken to the circuit court in June, 1864. The cause was not noticed by either party at either of the next two terms of said court.
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APPEAL from the Circuit Court for Bock County. Thie action was commenced in a justice’s court, and judgment was rendered against the defendant on his default; from wbicb an appeal was taken to the circuit court in June, 1864. The cause was not noticed by either party at either of the next two terms of said court. During the second of said terms, defendant obtained an order upon plaintiff to show cause why he should not be permitted to file an answer, and have the cause continued to the next term. This order was based upon affidavits of the defendant and Chas. Gr. Williams, Esq., his attorney,…
1Opinion of the CourtDowner, J.
Tbe affidavit of tbe appellant contained tbe statements of an affidavit of merits, and also enough, taken in connection with tbe affidavit of Williams, to excuse bis neglect in not noticing tbe action for trial tbe first and second terms after tbe appeal. He ought, therefore, to have been permitted to file bis answer, and then tbe cause should have been continued on terms.
By the Court. — The judgment of tbe circuit court is reversed, and tbe cause remanded for further proceedings.
2Cited by4 opinions
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- Holt v. ColemanWisconsin Supreme Court · 1884
- Whitham v. MappesWisconsin Supreme Court · 1895
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