22 Wis. 279 | Wis. | 1867
It is insisted that the judgment mentioned in the pleadings was void, for the reason that no affidavit was made and annexed to the complaint, stating the facts constituting the liability of the judgment debtor, and that the sum confessed did not exceed the amount of such liahility. It appears that this judgment was in favor of Alexander H. Johnston, as a security for the amount due and to become due the firm of Alexander H. Johnston & Sons, upon accounts and dealings between that firm and the plaintiff. It is alleged in the complaint, that judgment upon the note and warrant of attorney was rendered on the 5th day of March, 1862, for the aggregate sum of $3,036, “in favor of said Alexander H. Johnston as plaintiff, and against this plaintiff as defendant, and upon an affidavit of him, the said Alexander H. Johnston, that the sum of $3,005 was due to him upon said note.” In a subsequent part of the complaint, it is alleged, “upon information and belief, that neither the plaintiff in the case in which said judgment was rendered, nor any one in his behalf, made or annexed to the complaint in that case, an affidavit stating concisely the facts constituting the defendants’ liability upon the said
By the Court. — The order of the circuit court dissolving the injunction is affirmed.