Grootemaat v. Tebel
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Milwaukee County. This action was to enforce tbe collection of a mechanic's lien, and was commenced on tbe 19th of September, 1872, by service of tbe summons upon the defendant. Tbe complaint was filed October 29, 1872, and judgment as upon default was entered on tbe 8th of March, 1875, after tbe service of an order to show cause why it should not be so entered.
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APPEAL from tbe Circuit Court for Milwaukee County. This action was to enforce tbe collection of a mechanic's lien, and was commenced on tbe 19th of September, 1872, by service of tbe summons upon the defendant. Tbe complaint was filed October 29, 1872, and judgment as upon default was entered on tbe 8th of March, 1875, after tbe service of an order to show cause why it should not be so entered. On tbe 81st of May following, tbe court, after a bearing, denied a motion of the defendant to vacate tbe judgment and grant him leave to answer; and from this order tbe defendant appealed. Tbe papers…
1Opinion of the CourtEyaN, C. J.
Tbe circuit court has discretion to relieve a defendant from a judgment, within a year after notice of it, *577going against bim through, his mistake, inadvertence, surprise, or excusable neglect. Ch. 125, sec. 38, R. S. The motion papers in this case disclose no pretense of mistake, inadvertence or surprise. They do disclose neglect, which we cannot but consider gross and inexcusable.
Whether the appellant ''gave the summons served upon him to his attorney to defend the action, as he states, or did not, giving him to understand that hone h'ad been served, as the attorney states; it appears to be…
2Cited by2 opinions
- Jensen v. BarbourMontana Supreme Court · 1892
- Moody v. ReichowWashington Supreme Court · 1905