Dodge v. Barden
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaulcee County. Dodge brought his action against Barden upon a promissory note, complaint in the usual form. Personal service was had August 15th; and on September 20th, the county judge, as court commissioner, made an order, upon an ex parte application of defendant, extending the time to answer to October 10th.
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APPEAL from the Circuit Court for Milwaulcee County. Dodge brought his action against Barden upon a promissory note, complaint in the usual form. Personal service was had August 15th; and on September 20th, the county judge, as court commissioner, made an order, upon an ex parte application of defendant, extending the time to answer to October 10th. On the 21st day of September, the county judge, upon the ex parte application of plaintiff, modified his order extending time to answer, by annexing thereto a condition that the issue in the action be of the date when the answer was originally…
1Opinion of the CourtDixosr, C. J.
Tbe effect of the several ex parte orders was, to leave tbe condition upon which the time to answer was extended, as fixed by the second order of the county judge, made on tbe 21st day of September. That condition had been interfered with, or its operation defeated, by the order of the court commissioner made on tbe same day, staying all proceedings in the action on tbe part of the plaintiff until tbe bearing of tbe order to show cause made by tbe commissioner, and which was set down for tbe 7th day of October. On application made by *250the plaintiff, also ex parte, on the 24th day of September,…
2Cases cited1 opinion
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