Schaetzel v. Germantown Farmers' Mutual Insurance
Wisconsin Supreme Court
APPEAL from the Circuit Court for Washington County. Action on a policy of insurance. After judgment against defendant by default, it obtained an order setting aside the judgment and granting leave to file an answer; and plaintiff appeals from tbe order. The character of the answer proposed will sufficiently appear from the opinion. as to the insufficiency of the proposed answer, cited Baker v. Bailey, 16 Barb., 54; Salinger v. Lusk, 7 How.
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APPEAL from the Circuit Court for Washington County. Action on a policy of insurance. After judgment against defendant by default, it obtained an order setting aside the judgment and granting leave to file an answer; and plaintiff appeals from tbe order. The character of the answer proposed will sufficiently appear from the opinion. as to the insufficiency of the proposed answer, cited Baker v. Bailey, 16 Barb., 54; Salinger v. Lusk, 7 How. Pr., 430; 'Davison v. Powell, 16 id., 467. cited Mussey v. Atlas Bis. Co., 4 Kern., 79; McFwen v. Bis. Co., 5 Hill, 104; Bigler v. Central Ins. Co., 22 N.…
1Opinion of the CourtPaine, J.
If the answer which, the defendant askqd leave to file, set forth any defense or presented any material issue, we should not reverse the order allowing it be filed. Eor, whatever might be our conclusions upon the weight of the testimony presented by the affidavits, we could not say there was such an abuse of discretion as t.o justify reversing an order of this character.
But the answer states no defense, and offers no material issue. The denials are .all'liable to the objection that they are negatives pregnant. The complaint avers that on a particular day the property was all destroyed by…
2Cases cited2 opinions
- Baker v. BaileyNew York Supreme Court · 1852
- Salinger v. LuskNew York Supreme Court · 1853
3Cited by7 opinions
- Dole v. BurleighSupreme Court Of The Territory Of Dakota · 1875
- Smith v. SmithNebraska Supreme Court · 1886
- Chris Schroeder & Sons Co. v. Lincoln CountyWisconsin Supreme Court · 1943
- Thomas v. StateSupreme Court of Arkansas · 1888
- Thomas v. StateSupreme Court of Arkansas · 1891
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