Legal Opinion

Hecht v. Chase

Wisconsin Supreme Court

Decided October 6, 1914PublishedCited by 2 opinions

Appeal from an order of the circuit court for Oconto county: W. B. QuiNLAN, Circuit Judge. Proceedings to set aside the service of a summons and all proceedings based thereon, including an order of publication of the summons and the'judgment. The plaintiff sought to recover on two promissory notes. One was made payable to the order of George P. Ghase as trustee. A copy thereof was set out in the complaint. The second note was made payable to “George P. Ghase.”

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Appeal from an order of the circuit court for Oconto county: W. B. QuiNLAN, Circuit Judge. Proceedings to set aside the service of a summons and all proceedings based thereon, including an order of publication of the summons and the'judgment. The plaintiff sought to recover on two promissory notes. One was made payable to the order of George P. Ghase as trustee. A copy thereof was set out in the complaint. The second note was made payable to “George P. Ghase.” A copy of it was set out and there was an allegation as to each note that plaintiff was the lawful owner and holder thereof and that…

1Opinion of the CourtMaRsiiall, J.

Some questions are raised upon this appeal -which were presented in the one decided herewith, mentioned in the statement, and need not be discussed again.

The trial court seems to have thought that there were defects in the verification, common to the two cases. While the supposed defects in the other case were found to be, at most, but inconsequential irregularities, the verification here is quite different. All allegations of the complaint are positive, while the verification is to the effect that “the same is true to his own- knowledge, except as to those matters therein stated on…

2Cases cited4 opinions

  1. Morley v. GuildWisconsin Supreme Court · 1861
  2. Crane v. WileyWisconsin Supreme Court · 1861
  3. Market National Bank of New York v. HoganWisconsin Supreme Court · 1867
  4. Closson v. ChaseWisconsin Supreme Court · 1914

3Cited by2 opinions

  1. United States v. Minneapolis, St. P. & S. S. M. Ry. Co.District Court, D. Minnesota · 1916
  2. State ex rel. Bergougnan Rubber Corp. v. GregoryWisconsin Supreme Court · 1922

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