Spencer v. Osberg
Wisconsin Supreme Court
Appeal from a judgment and orders of tbe circuit court for Wasbbum county: EeaNK A. Ross, Circuit Judge. Tbe verified complaint in tbis action alleges tbat on January 6, 1911, tbe defendant seized and took into bis possession certain personal property belonging to tbe plaintiff of the value of $1,023; tbat at tbe time tbe plaintiff was indebted to tbe defendant in tbe sum of $290.25; and tbat there was then due tbe plaintiff tbe difference between tbe value of tbe property…
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Appeal from a judgment and orders of tbe circuit court for Wasbbum county: EeaNK A. Ross, Circuit Judge. Tbe verified complaint in tbis action alleges tbat on January 6, 1911, tbe defendant seized and took into bis possession certain personal property belonging to tbe plaintiff of the value of $1,023; tbat at tbe time tbe plaintiff was indebted to tbe defendant in tbe sum of $290.25; and tbat there was then due tbe plaintiff tbe difference between tbe value of tbe property converted and tbe sum due tbe defendant, $732.75. Eor a second cause of action it is alleged tbat at tbe time tbe…
1Opinion of the CourtSiebeoKejr, J.
The effect of the steps taken by the defendant in moving for a vacation of the judgment on the motion made June 6, 1911, was correctly determined by the cir*402cuit court, in bolding tbat it amounted to a general appearance in tbe action, and bence tbat tbe defendant was not entitled to bave tbis judgment vacated on tbe ground then averred, namely, tbat be bad not been served with a summons in tbe action. See sec. 2643, Stats.; Anderson v. Coburn, 27 Wis. 558; Gray v. Gates, 37 Wis. 614; Coad v. Coad, 41 Wis. 23; Bestor v. Inter-County Fair, 135 Wis. 339, 115 N. W. 809.
Tbe defendant appeals from…
2Cases cited8 opinions
- Anderson v. CoburnWisconsin Supreme Court · 1871
- Coad v. CoadWisconsin Supreme Court · 1876
- Bestor v. Inter-County FairWisconsin Supreme Court · 1908
- Bloor v. SmithWisconsin Supreme Court · 1901
- Gray v. GatesWisconsin Supreme Court · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Wisconsin Public Service Corp. v. KristWisconsin Supreme Court · 1981
- Paschong v. HollenbeckWisconsin Supreme Court · 1961
- Driscoll v. TillmanWisconsin Supreme Court · 1917
- R. B. General Trucking, Inc. v. Auto Parts & Service, Inc.Wisconsin Supreme Court · 1958
- State Ex Rel. Wall v. SovinskiWisconsin Supreme Court · 1940
1 more not listed; retrieve them via the Exa API.