Purcell v. Kleaver
Wisconsin Supreme Court
Appeal from an order of the circuit court for Dane county: R. G. SiébeoKEE, Circuit Judge. This is an. appeal from an order which refused to set aside a judgment for $96.13 and costs, entered on a note and warrant of attorney, and ah execution issued thereon.
Read the full summary
Appeal from an order of the circuit court for Dane county: R. G. SiébeoKEE, Circuit Judge. This is an. appeal from an order which refused to set aside a judgment for $96.13 and costs, entered on a note and warrant of attorney, and ah execution issued thereon. The judgment was entered upon a warrant of attorney which reads as follows: “And, to secure the payment of said •amount, I hereby authorize, irrevocably, any attorney of said court of record to appear for me in such court, in term time or vacation, at any time hereafter, and confess a judgment, without process, in favor of the holder of…
1Opinion of the CourtNewmau, J.
The order is, no doubt, appealable under Laws of 1895, ch. 212, sec. 1, subd. 2. It is an order affecting a substantial right, made upon a summary application after judgment. This was so held in Johnson v. Eldred, 13 Wis. 482, under a statute in the same words, and has been uniformly followed since. That the judgment was for less than $100, and so not appealable, does not affect the rule. Lewis v. C. & N. W. R. Co. 97 Wis. 368.
On the merits: Equity little heeds the complaint of one *104impeded by a judgment which is merely void but not unjust, but leaves him to struggle with his embarrassment as…
2Cases cited5 opinions
- Johnson v. EldredWisconsin Supreme Court · 1861
- Lewis v. Chicago & Nortwestern Railway Co.Wisconsin Supreme Court · 1897
- F. Mayer Boot & Shoe Co. v. FalkWisconsin Supreme Court · 1895
- Thomas v. WestWisconsin Supreme Court · 1883
- Wilkinson v. ReweyWisconsin Supreme Court · 1884
3Cited by16 opinions
- Ver Hagen v. GibbonsWisconsin Supreme Court · 1972
- White v. WhiteWisconsin Supreme Court · 1918
- Uecker v. ThiedtWisconsin Supreme Court · 1907
- Kelm v. KelmWisconsin Supreme Court · 1931
- Agricultural Bond & Credit Corp. v. Courtenay Farmers Co-Operative Ass'nNorth Dakota Supreme Court · 1935
11 more not listed; retrieve them via the Exa API.