Fairchild v. Dean
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Dane County. Judgments were entered by tbe clerk of tbe Dane circuit court, on tbe 17th of January, 1856, in favor of Fairchild . against Dean, upon notes and warrants of attorney, and were recorded in tbe usual form and docketed, but were not signed by tbe judge or a court commissioner. Declarations on tbe notes bad been filed, and also tbe warrants of attorney, and tbe defendant’s cognovit for tbe amount of each of tbe judgments.
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APPEAL from tbe Circuit Court for Dane County. Judgments were entered by tbe clerk of tbe Dane circuit court, on tbe 17th of January, 1856, in favor of Fairchild . against Dean, upon notes and warrants of attorney, and were recorded in tbe usual form and docketed, but were not signed by tbe judge or a court commissioner. Declarations on tbe notes bad been filed, and also tbe warrants of attorney, and tbe defendant’s cognovit for tbe amount of each of tbe judgments. In May, 1860, tbe plaintiff moved tbe court, upon affidavits, for orders to allow tbe judgments to be signed by a judge or court…
1Opinion of the Court
By the Court,
PAINE, J.
The majority of the court are of the opinion that the court below was right in the view it first took of the question here presented, which was that it had no power, under the guise of an amendment, to create a judgment at that time, and give it effect as from the 17th day of January, 1855.
It is assumed in the notice of motion given by the counsel for the plaintiff, that this court decided, when the matter was formerly here, that the court below had the power, in its discretion, to grant the relief asked. Whether or not the judge also placed that construction upon the…
2Cases cited5 opinions
- Emery v. WhitwellMichigan Supreme Court · 1859
- Morrison v. DapmanCalifornia Supreme Court · 1853
- Boyd v. BlaisdellIndiana Supreme Court · 1860
- Whitwell & Hoover v. EmoryMichigan Supreme Court · 1853
- Williams v. WheelerNew York Supreme Court · 1847
3Cited by2 opinions
- J. B. Alfree Manufacturing Co. v. HenryWisconsin Supreme Court · 1897
- Bonnell v. WeaverU.S. Circuit Court for the District of Wisconsin · 1856