19 Wis. 232 | Wis. | 1865
By the Court,
The motion to set aside the judgment appears to have been founded solely on the affidavit of Riddle. This shows a. perfectly satisfactory reason why he did not reach the place of trial until after the cause was reached and judgment rendered. His detention was in consequence of an unavoidable accident on the railroad, which prevented him from making his connection at the Minnesota Junction. Therefore due diligence was shown.
It is insisted that the judgment should not have been set aside without an affidavit of merits accompanying the motion. Such an affidavit upon taking off a default was formerly held to be indispensable (Mowry v. Hill, 11 Wis., 146; Burnham
The order of the circuit court is therefore reversed, without prejudice to the right of the respondent to renew the motion should he so desire.