Wells v. Morton
Wisconsin Supreme Court
ERROR TO CIRCUIT C0ÜRT, RACINE COUNTT. This was an action commenced by Julius D. Morton, against Andrew S. Wells and Otis R. Johnson, to recover the amount due upon two promissory notes made by them, for $300, and for $237 73, with interest.
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ERROR TO CIRCUIT C0ÜRT, RACINE COUNTT. This was an action commenced by Julius D. Morton, against Andrew S. Wells and Otis R. Johnson, to recover the amount due upon two promissory notes made by them, for $300, and for $237 73, with interest. The complaint was in the usual form under the code, and was served, with the summons, on the defendants, August 9th, 1858. On the thirtieth of August the plaintiff’s attorney filed an affidavit with the clerk of the circuit court, of no answer or demurrer; and the clerk, on the same day, entered the judgment for the amount of the notes, $590 84, and…
1Dissent
Paine J.,
dissenting. I dissent from the opinion of the court that a judgment entered in vacation by the clerk of a circuit court,without the sanction or intervention of any judi*474cial officer, is a legal judgment. I shall not enter into any examination of the validity of those laws existing prior to the adoption of the code, under which judgments on confession were entered in vacation. For I think their validity may be conceded, without justifying the conclusion of the majority of the court. For there is this marked distinction between those laws, and that provision of the code under which this…
2Cases cited8 opinions
- Chandler v. NashMichigan Supreme Court · 1858
- Hodges v. WardTexas Supreme Court · 1846
- Remington v. CummingsWisconsin Supreme Court · 1856
- Fleming v. NallTexas Supreme Court · 1846
- McDonald v. BunnNew York Supreme Court · 1846
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