Vliet v. Camp
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Milwaukee County. This was an action by Jasper Vliet, D. JJ. Richards, Garret. Vliet and John B. Smith, to vacate a judgment which had been entered against them in the circuit court of Milwaukee county, in favor of Gamp, under a warrant of attorney, or to have satisfaction of it entered, upon the ground that the warrant of attorney had been materially altered and added to after its execution, without their knowledge or consent, and so was…
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APPEAL from tbe Circuit Court for Milwaukee County. This was an action by Jasper Vliet, D. JJ. Richards, Garret. Vliet and John B. Smith, to vacate a judgment which had been entered against them in the circuit court of Milwaukee county, in favor of Gamp, under a warrant of attorney, or to have satisfaction of it entered, upon the ground that the warrant of attorney had been materially altered and added to after its execution, without their knowledge or consent, and so was not their deed at the time the judgment was entered under it; and upon the grounds, also, that the note upon which the…
1Opinion of the Court
By the Court,
DixoN, O. J.
We are unable to discover-anything in the nature of a warrant of attorney designed as an authority for the confession and entry of a judgment for ' debt, or the purposes for which it is executed, which renders it more solemn or sacred than other instruments by which the rights and obligations of parties are to be determined, or which distinguishes it from, or takes it out of the operation of those rules which govern the construction and application of written contracts in general. Certainly the common law recognizes no distinction of the kind. Like other written…
2Cases cited3 opinions
- Speake & Others v. U. StatesSupreme Court of the United States · 1815
- Newman v. KershawWisconsin Supreme Court · 1860
- Richards v. Globe BankWisconsin Supreme Court · 1860
3Cited by16 opinions
- International Harvester Co. of America v. McAdamWisconsin Supreme Court · 1910
- State v. YoungSupreme Court of Minnesota · 1877
- Van Etta v. EvensonWisconsin Supreme Court · 1871
- Packer v. RobertsIllinois Supreme Court · 1891
- Johnston Harvester Co v. McLeanWisconsin Supreme Court · 1883
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