Johnson v. Eldred
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Crawford County. Tbe case is stated in tbe opinion of tbe court. Tbe court should have opened the judgment, on tbe application of ithe defendant, under tbe circumstances of tbis case. Kane vs. Demarest, 13 How. Pr. R, 465. Refusal to do was error. Fox B. V. B. B. Oo. vs: Shoyer, 7 Wis., 365-71. An appeal is tbe proper remedy.
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APPEAL from tbe Circuit Court for Crawford County. Tbe case is stated in tbe opinion of tbe court. Tbe court should have opened the judgment, on tbe application of ithe defendant, under tbe circumstances of tbis case. Kane vs. Demarest, 13 How. Pr. R, 465. Refusal to do was error. Fox B. V. B. B. Oo. vs: Shoyer, 7 Wis., 365-71. An appeal is tbe proper remedy. General Laws of 1860, cbap. 264, sec. 10, subd. 1 and2 ; Beid vs Hibbard, 6 Wis., 176. Tbe application of the defendant to open the judgment was addressed entirely to tbe discretion of tbe circuit court; and an appeal does not lie from…
1Opinion of the Court
By the Court,
Cole, J.
Tbis is - an appeal from an order of tbe circuit court of Crawford county, refusing to set aside a judgment of foreclosure, and to permit tbe appellant to answer and defend tbe action. ' Tbe summons and complaint were served by leaving copies at tbe residence of tbe appellant on tbe 24th of February, 1860, and a sworn answer was mailed at Milwaukee to tbe respondent’s counsel at Prairie du Ckien on tbe 12th of June, tbe day that judgment was entered up in tbe case for want of an answer. On tbe 13th tbe answer was tendered to tbe plaintiff’s attorney with tbe request to…
2Cited by15 opinions
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