Germann v. Schwartz
Wisconsin Supreme Court
APPEAL from the Circuit Court for Washington County. Action for slander. After the time to answer had expired, to wit, on the 3d of May, 1866, the defendant moved for leave to file an'answer containing a general denial, upon an affidavit which (in addition to the usual statements of an affidavit of merits) stated that the defendant is a Grerman, and speaks no other language than the “ Low Dutchthat he is entirely ignorant of all legal proceedings, and the forms thereof; that…
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APPEAL from the Circuit Court for Washington County. Action for slander. After the time to answer had expired, to wit, on the 3d of May, 1866, the defendant moved for leave to file an'answer containing a general denial, upon an affidavit which (in addition to the usual statements of an affidavit of merits) stated that the defendant is a Grerman, and speaks no other language than the “ Low Dutchthat he is entirely ignorant of all legal proceedings, and the forms thereof; that a paper which he is informed is a copy of a summons in this action, was left with him between five and six months…
1Opinion of the CourtDixon, C. J.
It was said by counsel for the respondent, at the bar, that there was no exception to the order of the court denying the defendant’s motion for leave to answer; and that the exception noted in the record was falsely inserted after the bill of exceptions was signed. We cannot act upon such suggestions of counsel, but must take, the record as we find it, until the proper steps have been taken for that purpose, and the bill of exceptions actually corrected.
The record showing an exception, the order is a proper subject of review on this appeal. We are of opinion that the affidavit read as the…
2Cited by3 opinions
- Carpenter v. ShepardsonWisconsin Supreme Court · 1877
- Wilcox v. BatesWisconsin Supreme Court · 1878
- Taylor v. LucasWisconsin Supreme Court · 1877