Reid v. Case
Wisconsin Supreme Court
ERROR to the County Court of Dane County. The note sent up with the record in this case was signed by J. W. Stewart, but did not purport to be signed by the plaintiff in error. The other facts are stated in the opinion of the court. A warrant of attorney is not sufficient to authorize a judgment without the note which it describes; and the note in suit is not the note described in the warrant of attorney.
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ERROR to the County Court of Dane County. The note sent up with the record in this case was signed by J. W. Stewart, but did not purport to be signed by the plaintiff in error. The other facts are stated in the opinion of the court. A warrant of attorney is not sufficient to authorize a judgment without the note which it describes; and the note in suit is not the note described in the warrant of attorney. If it is said that it was intended by the parties that the note should be signed by the plaintiff in error, that fact should have been alleged in the complaint, and the plaintiff in error…
1Opinion of the Court
By the Court,
Cole, J.
This is a writ of error prosecuted to reverse a judgment entered in the county court of Dane county, upon a warrant of attorney, against the plaintiff in error and one J. W. Stewart. TRe practice adopted was that prescribed by the statute, the plaintiff below filing with Ris complaint an answer signed by an attorney, on behalf of the defendants, under the autRority conferred by the warrant of attorney, in which Re confessed the amount due, and released all errors which might intervene in the entry of the judgment. TRe warrant of attorney authorized the filing of this…
2Cited by3 opinions
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