Hine v. Grant
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Kenosha county: E. B. BeldeN, Circuit Judge. Tbis is an action upon promissory notes, which was commenced by the service of summons July 5, 1897, the complaint-being duly verified. The defendant Grant appeared and answered October 2, 1897, setting up various defenses, which are not necessary to be stated.
Read the full summary
Appeal from a judgment of tbe circuit court for Kenosha county: E. B. BeldeN, Circuit Judge. Tbis is an action upon promissory notes, which was commenced by the service of summons July 5, 1897, the complaint-being duly verified. The defendant Grant appeared and answered October 2, 1897, setting up various defenses, which are not necessary to be stated. On the 7th of March, 1903, an order was made by the circuit court, without notice,, ordering .judgment of dismissal of the complaint, the same being based upon an affidavit of J. Y. Quarles, Jr., one of the defendant’s attorneys, stating the…
1Opinion of the CourtWiNslow, J.
It seems very plain that upon tbe showing made tbe trial court should have vacated tbe order of dismissal. Our statute (sec. 2811a, Stats. 1898) provides that circuit or superior courts may dismiss, with or without notice, all actions or proceedings pending in which issue ha3 been joined and which are not brought to trial within five years after their commencement. See. 2832 of the same statutes provides that the court or judge may in discretion, and upon just terms, and within a year after notice, relieve a party from any judgment, order, or other proceeding taken against him through his…
2Cited by10 opinions
- Marshall-Wisconsin Co. v. Juneau Square Corp.Wisconsin Supreme Court · 1987
- Prahl v. BrosamleCourt of Appeals of Wisconsin · 1987
- Taylor v. State Highway CommissionWisconsin Supreme Court · 1970
- Neuhaus v. Clark CountyWisconsin Supreme Court · 1961
- Geo. Walter Brewing Co. v. HenseleitWisconsin Supreme Court · 1911
5 more not listed; retrieve them via the Exa API.