Levy v. Goldberg
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The summons and complaint in this action were served upon defendant personally, on the 16th of February, 1876, in Waupaca county, where he resided. On the 8th of March, plaintiff took judgment as in default of an answer. On the 6tb of April, defendant moved to set aside the judgment, for leave to answer, and for a change -of venue.
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APPEAL from the Circuit Court for Milwaukee County. The summons and complaint in this action were served upon defendant personally, on the 16th of February, 1876, in Waupaca county, where he resided. On the 8th of March, plaintiff took judgment as in default of an answer. On the 6tb of April, defendant moved to set aside the judgment, for leave to answer, and for a change -of venue. The papers used upon the motion, and which were served upon plaintiff, were, 1. A notice of demand for change of venue, dated February 28, 1876. 2. An affidavit of defendant’s residence, and that the summons and…
1Opinion of the CourtLyon, J.
It was field in Hudson v. Smith, 9 Wis., 122, that tfie power of tfiis court to stay proceedings in any matter appealed to it, does not altogether depend upon statutory enactment, but is inherent in tfie court. It was there said that “ it is undoubtedly tfie general policy of tfie law to allow any party against whom judicial proceedings are commenced, to stay proceedings under tfie decision of any inferior tribunal against him, from which fie has appealed, on giving just and adequate security.”
It seems to us that tfiis motion is' within tfie spirit of tfie rule. Although tfiis appeal is not…
2Cases cited15 opinions
- Northwestern Mutual Life Insurance v. Park Hotel Co.Wisconsin Supreme Court · 1875
- Bonnell v. GrayWisconsin Supreme Court · 1875
- Hudson v. SmithWisconsin Supreme Court · 1859
- Johnson v. EldredWisconsin Supreme Court · 1861
- Campbell v. GartonSupreme Court of Missouri · 1860
10 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State ex rel. Barnard v. Board of EducationWashington Supreme Court · 1898
- In Re EpleySupreme Court of Oklahoma · 1901
- Loucheine v. StrouseWisconsin Supreme Court · 1880
- Bloor v. SmithWisconsin Supreme Court · 1901
- Forrester & MacGinniss v. Boston & Montana Consol. Copper & Silver Mining Co.Montana Supreme Court · 1899
6 more not listed; retrieve them via the Exa API.