Wadsworth v. Willard
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. Plaintiffs filed in said court, Boy ember 12, 1859, their complaint for goods sold, and upon a promissory note to the amount of $454.43 and interest. On the complaint was the following endorsement: “ [Title of cause]. I, William JP.
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APPEAL from the Circuit Court for Dane County. Plaintiffs filed in said court, Boy ember 12, 1859, their complaint for goods sold, and upon a promissory note to the amount of $454.43 and interest. On the complaint was the following endorsement: “ [Title of cause]. I, William JP. Willard, defendant in the above entitled cause, hereby confess that I am indebted to the said named plaintiffs for goods and merchandise purchased of them, and for which they hold my note of hand, of which the following is a copy [setting out the note described in the complaint, for $454.43, and interest at 10 per…
1Opinion of the CourtDixon, C. J.
There was no judgment in the court below, and the proceedings purporting to be such ought to have been set aside on the defendant’s motion. To constitute a judgment hy confession, or upon warrant of attorney, it must be signed hy a judge or court commissioner. R. S., chap. 140, sec. 15. Without such signature, it is merely a void proceeding. Remington v. Cummings, 5 Wis., 138. To authorize the entry of judgment by the clerk, an action must have been commenced hy personal service of the summons and complaint, or of the summons; or the defendant must by answer, either expressly or by not…
2Cases cited2 opinions
- Ætna Life Insurance v. McCormickWisconsin Supreme Court · 1866
- Remington v. CummingsWisconsin Supreme Court · 1856
3Cited by3 opinions
- Stahl v. GotzenbergerWisconsin Supreme Court · 1878
- Sackett v. Price CountyWisconsin Supreme Court · 1907
- Seymour v. LaycockWisconsin Supreme Court · 1879