Holden v. Kirby
Wisconsin Supreme Court
APPEAL from tbe Circuit- Court for Milwaulcee county. The plaintiff appealed from an order 'vacating a judgment in bis favor. The motion to vacate was based on the pleadings and an affidavit, the substance of which is stated in the opinion. argued, 1. That the answer does not traverse the allegations of fact in the complaint. (1.) A denial “upon information and belief,” is insufficient.
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APPEAL from tbe Circuit- Court for Milwaulcee county. The plaintiff appealed from an order 'vacating a judgment in bis favor. The motion to vacate was based on the pleadings and an affidavit, the substance of which is stated in the opinion. argued, 1. That the answer does not traverse the allegations of fact in the complaint. (1.) A denial “upon information and belief,” is insufficient. Sec. 31, ch. 125, E. S.; Therasson v. McSpedon, 2 Hilt., 1; Hacked v. Richards, 11 Legal Obs., 315; 3 E. D. Smith, 13, 19, 28. (2.) A denial that the plaintiff is the lawful or true owner, is not a denial of…
1Opinion of the CourtDowner, J.
This is an appeal from an order vacating a judgment in the circuit court in favor of the appellant; and the question is, whether any good reason was shown for setting it aside.
*151It appears by the affidavit of the defendants’ attorney, that the cause was tried, and judgment rendered, in bis absence: but it was tried when it was reached in its order upon the cal-dar. We think bis affidavit discloses facts’sufficient to excuse him from any negligence ; and if either the answer or bis affidavit shows any defense to the action, the judgment was rightly set aside. The affidavit is only (so far as the…
2Cited by2 opinions
- Dole v. BurleighSupreme Court Of The Territory Of Dakota · 1875
- Stilson v. RankinWisconsin Supreme Court · 1876