Jenkins v. Esterly
Wisconsin Supreme Court
APPEAL from the Circuit Court for Walworth County. The plaintiff appealed from a judgment in favor of defendant. The case is stated in the opinion.. as to the insufficiency of the exceptions, cited Laws of 1860, chap. 264, secs. 14, 16; King v. Ritchie, 18 "Wis., 554; Gilman v. Thiess, id., 528; Cornell v. Davis, 16 id., 686.
1Opinion of the CourtCole, J.
This cause was tried before a referee, who found in favor of the defendant upon the defense of usury. Upon filing the report of the referee in the clerk’s office in vacation, judgment was entered upon it by the clerk in favor of the defendant. This judgment was set aside at the next term of court, on motion of plaintiff’s attorney; and, on the same day, in the absence of the attorney of the plaintiff, and without any notice being served on him, an order was entered directing judgment to be again entered in favor of the defendant. The plaintiff has appealed from this judgment, having procured…
2Cited by8 opinions
- Gilbank v. StephensonWisconsin Supreme Court · 1872
- Fairbank v. NewtonWisconsin Supreme Court · 1879
- Riley v. MitchellWisconsin Supreme Court · 1875
- Momsen v. AtkinsWisconsin Supreme Court · 1900
- Shabanaw v. C. C. Thompson & Walkup Co.Wisconsin Supreme Court · 1891
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