Wicke v. Lake
Wisconsin Supreme Court
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
- Strobe v. DownerWisconsin Supreme Court · 1860
- Johnson v. EldredWisconsin Supreme Court · 1861
3Cited by8 opinions
- Brinkman v. JonesWisconsin Supreme Court · 1878
- Baxter v. ChuteSupreme Court of Minnesota · 1892
- Bloor v. SmithWisconsin Supreme Court · 1901
- Hekla Fire Insurance v. MorrisonWisconsin Supreme Court · 1882
- Newton v. MarshallWisconsin Supreme Court · 1884
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