Mitchell v. Rolison
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond, du Lao County. This action was commenced in said circuit court on or about December 8, 1879. On that day the summons and complaint were personally served upon the defendant Rolison and his wife. On the 3d of May, 1880, judgment of foreclosure and sale was rendered, and on the 18th of that month it was filed and entered of record.
Read the full summary
APPEAL from the Circuit Court for Fond, du Lao County. This action was commenced in said circuit court on or about December 8, 1879. On that day the summons and complaint were personally served upon the defendant Rolison and his wife. On the 3d of May, 1880, judgment of foreclosure and sale was rendered, and on the 18th of that month it was filed and entered of record. The judgment, among other things, recites due service of the summons and complaint upon the defendant Rolison and the other defendants; that proof of such service had been made and filed; and that no answer, demurrer or…
1Opinion of the CourtCassoday, J.
There is no dispute but that the court obtained jurisdiction of the defendant Rolison, who brings this appeal, by the service of the summons and complaint, as early as December 8, 1879, some five months prior to the entry of the judgment. There is no pretense that Rolison ever answered, demurred or appeared in the case. There is no pretense that he has any defense, or shadow of defense. There is no pretense that his default was by any inadvertence or mistake. He does not seek relief under the statute, but demands, as a matter of strict right, six months after the entry of judgment, and at a…
2Cases cited6 opinions
- Salter v. HilgenWisconsin Supreme Court · 1876
- Webb v. MeloyWisconsin Supreme Court · 1873
- Sage v. McLaughlinWisconsin Supreme Court · 1874
- Manning v. McClurgWisconsin Supreme Court · 1861
- Reed v. CatlinWisconsin Supreme Court · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In re Estate of McCormickWisconsin Supreme Court · 1900
- Schmidt v. StolowskiWisconsin Supreme Court · 1905
- Leary v. LearyWisconsin Supreme Court · 1887
- Block v. DonovanNorth Dakota Supreme Court · 1903