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17 Wis. 110

Lathrop v. Snyder

Wisconsin Supreme Court

Decided January 15, 1863

Wisconsin Supreme Court · decided 1863-01-15

The action first named was on a promissory noté executed by the defendant to the plaintiffs, at the city of New York, September 10, 1860, for $1561.03, payable six months after date, at the City Bank of Prescott in this state, ‘’with, the current rate of exchange on New York. The feomplaint alleges that when the note fell due, the rate of exchange between Prescott and blew York was five per cent, in favor of the latter, and demands judgment accordingly.

Decided 1863-01-15

¶1By the Court,

Cole, J.

¶2These actions were brought upon promissory notes. In each case the defendant below admitted the execution of the notes, and that the amounts therein stated were due, after deducting the counter-claims mentioned in the answers. The plaintiffs then made application to. the clerk to enter judgments for the amounts so admitted to be due after deducting the counter-claims, in conformity to .the practice prescribed in subdivision 4, sec. 27, chap. 132, R. S. It is claimed that this provision of law is invalid, because it attempts to confer upon the clerk judicial power vested only in courts.

¶3This point has been decided adversely to the defendant in several cases which have come before this court, and the practice here adopted has been sustained. Blaikie v. Griswold, 10 Wis., 294; Wells v. Morton, id., 468. No good reason was shown in the court below for setting aside the judgments, and the applications for that purpose were properly denied.

¶4The orders of the circuit court are affirmed, with costs.

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