Blackburn v. Sweet
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lac County. This action was brought against Benjamin E. Sweet and Hannibal L. Sweet, as copartners, upon two promissory notes and the balance due on an account Judgment as upon default was obtained February 26, 1874, at a special term. At the July term following, a motion was made by Hannibal L. Sweet to set aside the judgment, execution and levy, on grounds which are fully stated in the opinion.
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APPEAL from the Circuit Court for Fond du Lac County. This action was brought against Benjamin E. Sweet and Hannibal L. Sweet, as copartners, upon two promissory notes and the balance due on an account Judgment as upon default was obtained February 26, 1874, at a special term. At the July term following, a motion was made by Hannibal L. Sweet to set aside the judgment, execution and levy, on grounds which are fully stated in the opinion. The plaintiffs asked the court to amend the judgment so that it should stand against the joint property of the defendants, and the separate property of B. E.…
1Opinion of the CourtCole, J.
This is an appeal from an order setting aside a judgment. The judgment was set aside because it appeared from tbe record that the court never acquired jurisdiction over the moving party. The action was for a partnership debt, and the defendant Benjamin F. Sweet admitted service of the summons and complaint for himself, and also for his codefendant, Hannibal L. Sweet The latter moved, upon the record, to set aside the execution and levy made thereunder, and the judgment entered in the action, because tbe summons and complaint Were not served upon him; and because the execution was issued…
2Cases cited1 opinion
- Oakley v. AspinwallNew York Court of Appeals · 1851
3Cited by30 opinions
- Belknap v. CharltonOregon Supreme Court · 1893
- O'Dell v. RogersWisconsin Supreme Court · 1878
- Bishop v. FischerSupreme Court of Kansas · 1915
- Dolph v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1907
- Read v. RouschSupreme Court of Iowa · 1920
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