Superior Consolidated Land Co. v. Dunphy
Wisconsin Supreme Court
Appeal from an order of the circuit court for Douglas county: R. D. Marshall, Circuit Judge. This is an appeal from an order vacating and setting aside an order of a court commissioner setting aside a judgment rendered against the defendant and one Keough, as sureties of Henneberry & Yaughn, to the plaintiff, for the faithful performance by said Henneberry & Yaughn of a building contract; the breach alleged being that the contractors had failed to pay the Scott & Holston…
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Appeal from an order of the circuit court for Douglas county: R. D. Marshall, Circuit Judge. This is an appeal from an order vacating and setting aside an order of a court commissioner setting aside a judgment rendered against the defendant and one Keough, as sureties of Henneberry & Yaughn, to the plaintiff, for the faithful performance by said Henneberry & Yaughn of a building contract; the breach alleged being that the contractors had failed to pay the Scott & Holston Lumber Company a claim of $1,080 for materials, which had become a lien on the building, and which the plaintiff had been…
1Opinion of the CourtPiNNEY, J.
1. The application of the defendant for relief is under P. S. sec. 2832, on the ground that the judgment was entered against him through his inadvertence or excusable neglect. While the court commissioner may make an order granting relief in such cases, his order is subject to review by the court on motion, and the order of the court, when made, stands as its proper exercise of discretion upon the merits of the application. The order appealed from was one within the discretion of the trial court, and its refusal to grant the application will not be interfered with on appeal, unless it is…
2Cases cited9 opinions
- Loucheine v. StrouseWisconsin Supreme Court · 1880
- Johnson v. EldredWisconsin Supreme Court · 1861
- Pinger v. VanclickWisconsin Supreme Court · 1874
- Seymour v. Board of SupervisorsWisconsin Supreme Court · 1876
- Stilson v. RankinWisconsin Supreme Court · 1876
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3Cited by6 opinions
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- Huwe v. SingerNorth Dakota Supreme Court · 1954
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