Austin v. Austin
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for JRooh County. Action, commenced in October, 1871, to foreclose a mortgage given by tbe defendant Thomas H. Austin in October, 1864, to secure payment of bis note of tbe same date for $4,000, payable two years from date, with, interest at seven per cent. This note (with another for $500), and tbe mortgage, were for purchase money of tbe mortgaged premises.
Read the full summary
APPEAL from tbe Circuit Court for JRooh County. Action, commenced in October, 1871, to foreclose a mortgage given by tbe defendant Thomas H. Austin in October, 1864, to secure payment of bis note of tbe same date for $4,000, payable two years from date, with, interest at seven per cent. This note (with another for $500), and tbe mortgage, were for purchase money of tbe mortgaged premises. The complaint set out the note, and alleged that no part of the debt bad been paid except $200 paid June 19,1868. Tbe answer alleged that the note had been fully paid. The case was tried three times before…
1Opinion of the CourtOetoN, J.
All of the exceptions taken which relate to the evidence or instructions based upon the theory that the note offered in evidence was not the identical note given, and set out in the complaint, but a copy of or a substitute for it, were immaterial to the issues formed by the pleadings. The genuineness of the note offered could only be questioned in two ways: either by the proper denial in the answer, or by objection to its introduction in evidence -when offered, on that ground. But if the paper offered as the note set out in the complaint is received in evidence without objection, and no…
2Cases cited3 opinions
- Marshall v. WellsWisconsin Supreme Court · 1859
- Schwalm v. McIntyreWisconsin Supreme Court · 1863
- Livesley v. LasaletteWisconsin Supreme Court · 1871
3Cited by8 opinions
- Heddles v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1889
- Maldaner v. SmithWisconsin Supreme Court · 1899
- Stone v. Northwestern Sleigh Co.Wisconsin Supreme Court · 1888
- Kaime v. Trustees of the Village of OmroWisconsin Supreme Court · 1880
- Newell v. ClappWisconsin Supreme Court · 1897
3 more not listed; retrieve them via the Exa API.