Legal Opinion

Wicke v. Lake

Wisconsin Supreme Court

Decided January 15, 1867PublishedCited by 8 opinions

APPEAL from the Circuit Court for Winnebago County. Foreclosure of a mortgage made by Miza Moore to the Milwaukee & Horicon Railroad Company, in 1854. Lake was made a defendant as having or claiming some interest in the premises subsequent and subject to the mortgage; and a copy of the summons and’ complaint, with notice of no personal claim, was served upon him.

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APPEAL from the Circuit Court for Winnebago County. Foreclosure of a mortgage made by Miza Moore to the Milwaukee & Horicon Railroad Company, in 1854. Lake was made a defendant as having or claiming some interest in the premises subsequent and subject to the mortgage; and a copy of the summons and’ complaint, with notice of no personal claim, was served upon him. He did not answer or appear; and judgment was taken in the usual form, directing a sale, and that the purchaser be let into possession; and also foreclosing all the right, title, interest &&, of all the defendants. Before sale made,…

1Opinion of the CourtCole, J.

We are inclined to the opinion that the affidavit of the appellant established' a case of excusable neglect under the statute. He states, in substance, in his affidavit for the purpose of excusing bis default, that when the summons was *412served upon, him, be called upon the defendant William Moore, husband of of the mortgagor, Miza Moore, to consider of their defense; that Moore informed him that eminent counsel had been retained to defend the action; that an answer had been put in which raised a perfect defense, and would protect all the defendants alike; that Moore assured him that he need…

2Cases cited2 opinions

  1. Strobe v. DownerWisconsin Supreme Court · 1860
  2. Johnson v. EldredWisconsin Supreme Court · 1861

3Cited by8 opinions

  1. Brinkman v. JonesWisconsin Supreme Court · 1878
  2. Baxter v. ChuteSupreme Court of Minnesota · 1892
  3. Bloor v. SmithWisconsin Supreme Court · 1901
  4. Hekla Fire Insurance v. MorrisonWisconsin Supreme Court · 1882
  5. Newton v. MarshallWisconsin Supreme Court · 1884

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