20 Wis. 307
Decided January 15, 1866
Wisconsin Supreme Court · decided 1866-01-15
Thie action was commenced in a justice’s court, and judgment was rendered against the defendant on his default; from wbicb an appeal was taken to the circuit court in June, 1864. The cause was not noticed by either party at either of the next two terms of said court. During the second of said terms, defendant obtained an order upon plaintiff to show cause why he should not be permitted to file an answer, and have the cause continued to the next term.
Good law ✅— No negative treatment on recordhow we know
Decided 1866-01-15
Cited by 4 later decisions — most recently December 1905
4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1Tbe affidavit of tbe appellant contained tbe statements of an affidavit of merits, and also enough, taken in connection with tbe affidavit of Williams, to excuse bis neglect in not noticing tbe action for trial tbe first and second terms after tbe appeal. He ought, therefore, to have been permitted to file bis answer, and then tbe cause should have been continued on terms.
¶2By the Court. — The judgment of tbe circuit court is reversed, and tbe cause remanded for further proceedings.