Oatman v. Bond
Wisconsin Supreme Court
APPEAR from the Circuit Court for Bock County. This was an action to foreclose a mortgage. Tbe case is stated in tbe opinion of tbe court. argued tbat cbap. 88, Laws of 1861, was unconstitutional, and cited Bronson vs. Kinzie, 1 How. (IT. S.), 811, 820; Morsevs. Goold, 1 Kern., 281,291; Von Baumbachvs. Bade, 9 Wis., 559. It is not denied tbat a statute may be in part valid and in part void.
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APPEAR from the Circuit Court for Bock County. This was an action to foreclose a mortgage. Tbe case is stated in tbe opinion of tbe court. argued tbat cbap. 88, Laws of 1861, was unconstitutional, and cited Bronson vs. Kinzie, 1 How. (IT. S.), 811, 820; Morsevs. Goold, 1 Kern., 281,291; Von Baumbachvs. Bade, 9 Wis., 559. It is not denied tbat a statute may be in part valid and in part void. But wben tbe provisions wbicb, standing alone, might be valid, are connected witb unconstitutional provisions wbicb they are designed to carry out, all forming one general scheme or system, so tbat effect…
1Opinion of the Court
By the Court,
Cole, J.
This is an appeal from an order of the circuit court of Rock county, made in this cause on the application of the respondent, requiring the appellant to give security for costs in the action by a written undertaking in the sum of five hundred dollars, and staying all proceedings on the part of the appellant until such security was filed and approved by the court; and further directing that the cause be referred to William H. Pettit to take all the testimony to be taken in this state, which either party might desire to use on the trial of the same. It is admitted that this…
2Cases cited4 opinions
- Von Baumbach v. BadeWisconsin Supreme Court · 1859
- Rahn v. GunnisonWisconsin Supreme Court · 1860
- Brown v. RunalsWisconsin Supreme Court · 1861
- Noonan v. OrtonWisconsin Supreme Court · 1856
3Cited by19 opinions
- Kiley v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1909
- State ex rel. Jones v. County CommissionersNebraska Supreme Court · 1877
- Edwards v. WilliamsonSupreme Court of Alabama · 1881
- Perrin v. LepperMichigan Supreme Court · 1888
- Department of Natural Resources v. Wisconsin Court of Appeals, District IVWisconsin Supreme Court · 2018
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