Taylor v. Robinson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. * After the complaint, verified in the manner described in the opinion, had been served, the defendants served an unverified answer containing a general denial, which the plaintiffs’ attorney, for that reason, returned the same day.
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APPEAL from the Circuit Court for Winnebago County. * After the complaint, verified in the manner described in the opinion, had been served, the defendants served an unverified answer containing a general denial, which the plaintiffs’ attorney, for that reason, returned the same day. Afterwards, upon due notice, they were allowed to take judgment as for default of an answer; from which the defendants appealed. cited R. S. ch. 125, sec. 19; Harms v. Tripp, 4 Abb. 232; Ross v. Langmuir, 15 id. 326; Woodruff v. Fisher, 17 Barb. 224; Crane v. Wiley, 14 Wis. 658. cited Morley v. Guild, 13 Wis.…
1Opinion of the CourtCole, J.
We think the verification of the complaint in this case was sufficient. The action was brought to recover the balance due on a bill of goods and merchandise. The allegations in the complaint were positive and direct. The verification was made by the attorney, who states that he believes each and every allegation of the complaint to be true. He also states fully the grounds of his belief on the subject, and the reasons why the complaint was not verified by one of the plaintiffs. It is said that because the allegations in the complaint were absolute and *546unqualified, the verification should have…
2Cases cited1 opinion
- Morley v. GuildWisconsin Supreme Court · 1861
3Cited by5 opinions
- State v. DavieWisconsin Supreme Court · 1885
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- Lappley v. StateWisconsin Supreme Court · 1919
- Closson v. ChaseWisconsin Supreme Court · 1914
- Wallace v. StateIndiana Supreme Court · 1927