Salter v. Hilgen
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ozaxtl&ee County. The action was upon a promissory note made by the defendants to the plaintiff, and was commenced in the circuit court by due personal service of the summons upon each of the defendants, January 20, 1876. Upon proof of such service and of the nonappearance of either defendant, the court, on the 9th of February, rendered judgment by default for the plaintiffs against the defendants, for the amount due on the note.
Read the full summary
APPEAL from the Circuit Court for Ozaxtl&ee County. The action was upon a promissory note made by the defendants to the plaintiff, and was commenced in the circuit court by due personal service of the summons upon each of the defendants, January 20, 1876. Upon proof of such service and of the nonappearance of either defendant, the court, on the 9th of February, rendered judgment by default for the plaintiffs against the defendants, for the amount due on the note. At a subsequent term, the defendants moved the court to vacate the judgment, on the ground that it was rendered prematurely. The…
1Opinion of the CourtLyon, J.
Tbe defendants were entitled to tbe whole of tbe day on which tbe judgment was rendered, for appearance and answer, and hence tbe judgment was premature. If tbe judgment was void for that reason, the motion to vacate it, no *365matter when made, should have been granted. Landon v. Burke, 33 Wis., 452. But if tbe judgment is not void, if the premature rendition thereof is merely an irregularity of practice, the motion at a subsequent term to vacate it came too late, and was properly denied. The error upon which the motion was based, was the error of the court; and no nile is better settled than…
2Cases cited8 opinions
- Stearus v. AguirreCalifornia Supreme Court · 1857
- Ætna Life Insurance v. McCormickWisconsin Supreme Court · 1866
- Kelly v. Van AustinCalifornia Supreme Court · 1861
- Lampe v. ManningWisconsin Supreme Court · 1875
- Tallman v. McCartyWisconsin Supreme Court · 1860
3 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Jenness v. SimpsonSupreme Court of Vermont · 1911
- Martinson v. MarzolfNorth Dakota Supreme Court · 1905
- Chehalis Coal Co. v. LaisureWashington Supreme Court · 1917
- Bassett v. BassettWisconsin Supreme Court · 1898
- Lane v. InnesSupreme Court of Minnesota · 1890
28 more not listed; retrieve them via the Exa API.