Bonnell v. Gray
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Action upon two promissory notes. The complaint, which averred all the facts positively, was verified by one of the attorneys for the plaintiff, who'stated that the action was founded upon written instruments for the payment of money only, which instruments were in his possession, and that his knowledge was derived from the instruments themselves and from the admissions of the plaintiff to him.1 The summons was served upon…
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APPEAL from the Circuit Court for Milwaukee County. Action upon two promissory notes. The complaint, which averred all the facts positively, was verified by one of the attorneys for the plaintiff, who'stated that the action was founded upon written instruments for the payment of money only, which instruments were in his possession, and that his knowledge was derived from the instruments themselves and from the admissions of the plaintiff to him.1 The summons was served upon the defendant in the county of Portage, where he resided, on the 14th of July, 1873. On the 12th of August, 1873,…
1Opinion of the CourtRyan, C. J.
Three points were relied on in the court below to vacate the judgment, and in this court to reverse it.
1st. That the complaint was not properly verified to authorize the clerk’s entry of the judgment, without an assessment of damages first made and reported by him.
The complaint was on promissory notes of the defendant, and averred all the facts positively. In attempting to comply *578with sec. 19, ch. 125, R. S., and the rule in Crane v. Wiley, 14 Wis., 658, the attorney who verified the complaint, stated that his knowledge was derived from the notes themselves and from the admissions of the…
2Cases cited6 opinions
- Ætna Life Insurance v. McCormickWisconsin Supreme Court · 1866
- Blaikie v. GriswoldWisconsin Supreme Court · 1860
- Crane v. WileyWisconsin Supreme Court · 1861
- Gorman v. BallWisconsin Supreme Court · 1864
- Pereles v. AlbertWisconsin Supreme Court · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Ford v. HillWisconsin Supreme Court · 1896
- American Button-Hole, Overseaming & Sewing Machine Co. v. GurneeWisconsin Supreme Court · 1875
- Fischbeck v. MielenzWisconsin Supreme Court · 1916
- Schobacher v. Germantown Farmers' Mutual InsuranceWisconsin Supreme Court · 1883
- Egan v. SengpielWisconsin Supreme Court · 1879
17 more not listed; retrieve them via the Exa API.