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3 Pin. 121

Strong v. Catlin

Wisconsin Supreme Court

Decided December 15, 1850

Wisconsin Supreme Court · decided 1850-12-15

EEEOE to the Circuit Court for Dane County. Action of assumpsit 'brought by Albert Catlin against Moses M. Strong. The summons by which the action was commenced was not sealed with the seal of the court. It was served personally on the defendant.

Cited by 1 later decisions — most recently November 1889

Good law ✅— No negative treatment on recordhow we know

Decided 1850-12-15

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Larrabee, J.

¶1The summons by which this action was commenced had no seal; but this was clearly one of those defects provided for in the statute of amendments, and was cured by verdict.

¶2Where the defendant suffers a default to be entered against him in an action of assumpsit, the judgment in the first instance is only interlocutory; and this must be entered before the plaintiff can proceed to have his damages assessed, or to complete his final judgment in the case.

¶3No interlocutory judgment was entered, but a final one, of which complaint is now made. This must be reversed, and the plaintiff can proceed to enter his interlocutory judgment at the next term of the circuit court.

¶4Judgment reversed.

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