22 Wis. 238 | Wis. | 1867
There was no judgment in the court below, and the proceedings purporting to be such ought to have been set aside on the defendant’s motion. To constitute a judgment hy confession, or upon warrant of attorney, it must be signed hy a judge or court commissioner. R. S., chap. 140, sec. 15. Without such signature, it is merely a void proceeding. Remington v. Cummings, 5 Wis., 138. To authorize the entry of judgment by the clerk, an action must have been commenced hy personal service of the summons and complaint, or of the summons; or the defendant must by answer, either expressly or by not denying, have admitted the whole or some part of the plaintiffs’ claim to he just; in which case, also, at least five days’ previous notice of the intended application for judgment must have been given to the defendant. R. S., chap. 132, sec. 27, subd. 1 and 4. In no other case can the clerk enter a judgment without express direction from the court, a judge, or a court commissioner. The entry here was hy the clerk alone, without personal service of a summons, without an answer, and without the five days’ previous notice to the defendant. It was entered upon the sworn statement or confession of the
■By the Court. — Order reversed.
