Feldmeier v. Springfield Fire & Marine Insurance
Wisconsin Supreme Court
Appeal from an order and a judgment of the circuit court for Bayfield county. G. N. Risjord, Circuit Judge. Action to recover on an alleged contract for insurance for loss sustained by' a fire. In .May, 1918, a default judgment was entered against defendant for $1,239.40. In ■ July of the same year, upon defendant’s application, the court entered an order vacating the judgment upon terms which were paid by defendant to plaintiff.
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Appeal from an order and a judgment of the circuit court for Bayfield county. G. N. Risjord, Circuit Judge. Action to recover on an alleged contract for insurance for loss sustained by' a fire. In .May, 1918, a default judgment was entered against defendant for $1,239.40. In ■ July of the same year, upon defendant’s application, the court entered an order vacating the judgment upon terms which were paid by defendant to plaintiff. Upon the application for opening up the judgment defendant served a proposed answer verified as follows: “A. F. Dean-, being first duly sworn, on oath says that he…
1Opinion of the CourtVinje, J.
At the commencement of the trial the plaintiff moved to strike out the answer on the ground that it was not properly verified, because sworn to by an agent of the corporation and his grounds of knowledge were not set forth. The verification purports to be by an officer of the corporation and seems sufficient.. But, without deciding ■ the question of its sufficiency, it is plain the court properly denied the motion because plaintiff had retained the answer nearly a year without objection. If he thought the verifi-. cation was defective he should have seasonably returned it for that reason. Not…
2Cases cited3 opinions
- Smith v. ColemanWisconsin Supreme Court · 1890
- Paine v. SmithWisconsin Supreme Court · 1873
- Price v. GrzyllWisconsin Supreme Court · 1907
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- Colvin v. GoldenbergSupreme Court of Rhode Island · 1966