Lavery v. Crooke
Wisconsin Supreme Court
APPEAL from the Circuit Court for Cohtmbia County. Action for loss of services of plaintiff’s daughter Katie, a minor, and for expenses accruing to plaintiff, in consequence of such daughter being debauched and rendered pregnant by the defendant, about October 15, 1878. The action was commenced in Dodge county.
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APPEAL from the Circuit Court for Cohtmbia County. Action for loss of services of plaintiff’s daughter Katie, a minor, and for expenses accruing to plaintiff, in consequence of such daughter being debauched and rendered pregnant by the defendant, about October 15, 1878. The action was commenced in Dodge county. Issue was joined therein on the 26th. of August, 1879, and the cause was noticed for trial hy the plaintiff at the October term of the circuit court for said county for 1879, but was continued upon defendant’s affidavit, for want of a material witness. It was then noticed for trial by…
1Opinion of the Court
The following opinion was filed June 4, 1881:
Cassoday, J.
It is urged by counsel that the affidavit set forth was strictly in compliance with rule XX of the circuit court, and hence that the defendant was entitled to a continuance as a matter of right. By that rule, the affidavit was required to show, among other things, that the defendant had used due diligence to prepare for trial, and the nature and kind of diligence used. Of course, the court was required to pass upon the sufficiency of such statements. In view of the circumstances of the case, and the continuances already obtained by the…
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