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161 Wis. 421

Winternitz v. Schmidt

Wisconsin Supreme Court

Decided October 26, 1915

Wisconsin Supreme Court · decided 1915-10-26

Ebitz, Circuit Judge. Judgment on cognovit having been entered in the civil court of Milwaukee county in this action, that court denied defendant’s motion to vacate the judgment and allow a defense to be interposed. On appeal to the circuit court this order was reversed with $10 costs, and the civil court was ordered to allow the proposed defense to be made on certain terms. From this latter order the plaintiff appeals.

Cited by 2 later decisions — most recently October 1917

2 state decisions

Relies on Bloor v. Smith

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1915-10-26

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Winslow, C. J.

¶1The order of the circuit court must be affirmed. The moving papers in the civil court included an answer setting forth a complete" defense and affidavits showing that the judgment had been suffered through “mistake, inadvertence, surprise, or excusable neglect.” Under these circumstances it is an abuse of discretion to refuse to reopen *422the case and allow the defense to be made. Sec. 2882, Stats.; Bloor v. Smith, 112 Wis. 340, 87 N. W. 870.

¶2The court was entirely justified in imposing motion costs. Such costs, not exceeding $10, may be allowed on any motion. Sec. 2924, Stats. The hearing of an appeal from the civil court to the circuit court is brought on by motion. Sub. 4, sec. 28, ch. 549, Laws 1909.

¶3Under the present statute regulating appeals to this court the order of the circuit court before us would not be appeal-able because it simply reverses an order of the civil court. Sec. 3069, Stats., as amended by sec. 9, ch. 219, Laws 1915.

¶4By the Court. — Order affirmed.

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