Brown v. Brown
Wisconsin Supreme Court
APPEAL from the Circuit Court for Hook County. Action for a divorce. The defendant made default; the testimony was taken in open court; and on the 29th of April, 1881, the circuit judge signed judgment granting a divorce, which was duly entered of record. On the following day (which was of the same term), the judge, upon his own motion, caused an order to be entered vacating and setting aside such judgment, and continuing the cause for further hearing.
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APPEAL from the Circuit Court for Hook County. Action for a divorce. The defendant made default; the testimony was taken in open court; and on the 29th of April, 1881, the circuit judge signed judgment granting a divorce, which was duly entered of record. On the following day (which was of the same term), the judge, upon his own motion, caused an order to be entered vacating and setting aside such judgment, and continuing the cause for further hearing. Prom this order the plaintiff appealed.
1Opinion of the CourtLyon, J.
The power of the court over its judgments, during the term at which they are rendered, is very broad and ample. One learned writer says that it is unlimited. Free*30man on Judgments, § 90. It is not claimed that the power is less broad in divorce cases than in other actions. The existence of this power is freely admitted by the learned counsel for the plaintiff, but they contend that it is not to be exercised unless upon motion of a party and for cause shown. They deny the right of the judge, upon his own motion, to modify or vacate a judgment rendered by him, although done at the term the…
2Cases cited3 opinions
- Servatius v. PickelWisconsin Supreme Court · 1872
- Hansen v. FishWisconsin Supreme Court · 1871
- State ex rel. Kane v. LarrabeeWisconsin Supreme Court · 1851
3Cited by7 opinions
- Weber v. WeberWisconsin Supreme Court · 1913
- Boutin v. CatlinWisconsin Supreme Court · 1899
- Frost v. MeyerWisconsin Supreme Court · 1908
- Smith v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1903
- Sawicki v. WulffWisconsin Supreme Court · 1919
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