Federal Land Bank v. Olson

The material part of sec. 270.62 (2), Stats. 1939, is as follows:

“270.62 (2) In other actions [actions other than contract] including' all actions founded upon, or sounding in tort; the plaintiff may, upon the like proof, apply to the court for judgment according to the demand of the complaint. . . . If the defendant shall have appeared in the action he shall be entitled to eight days’ notice of such application for judgment.”

It is conceded that this provision is not modified by sec. 281.209 (3), Stats. 1939, which by its terms requires notice of application for judgment to be served upon…