Godfrey v. Wright
Wisconsin Supreme Court
Appeal from an order of tire circuit court for Milwaukee •county: WaRREh D. Tareaht, Circuit Judge. The order appealed from stayed execution on a judgment for deficiency in foreclosure proceedings and set such judgment aside. May 18, 1901, plaintiff commenced an action in the circuit court for Milwaukee county, making the debtor and mortgagor, Walter E. Wright, and Laura W. Potter, a second creditor .and mortgagee of Wright, defendants.
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Appeal from an order of tire circuit court for Milwaukee •county: WaRREh D. Tareaht, Circuit Judge. The order appealed from stayed execution on a judgment for deficiency in foreclosure proceedings and set such judgment aside. May 18, 1901, plaintiff commenced an action in the circuit court for Milwaukee county, making the debtor and mortgagor, Walter E. Wright, and Laura W. Potter, a second creditor .and mortgagee of Wright, defendants. The complaint was in the usual form and was served upon defendants. The •debtor did not appear. Laura W. Potter answered; admitting the allegations of the…
1Opinion of the CourtMabshall, J.
The order must be affirmed, not because a case was made of “mistake, inadvertence, surprise or excusable neglect” under sec. 2832, Stats. (1898), which counsel for appellant seems to think was required; but because the judgment was void for want of jurisdiction to render it.
No foundation was laid for a judgment for deficiency against Wright in favor of his codefendant. No such judgment was ordered in the original decree. That was a necessary condition precedent. No service of Laura W. Potter’s answer was made on Wright bringing him in for an adjudication of matters between them, as required…
2Cases cited4 opinions
- Ætna Life Insurance v. McCormickWisconsin Supreme Court · 1866
- Falkner v. GuildWisconsin Supreme Court · 1860
- Sayles v. DavisWisconsin Supreme Court · 1866
- Sackett v. Price CountyWisconsin Supreme Court · 1907
3Cited by8 opinions
- Western Pattern & Manufacturing Co. v. American Metal Shoe Co.Wisconsin Supreme Court · 1921
- Driscoll v. TillmanWisconsin Supreme Court · 1917
- State Ex Rel. Wall v. SovinskiWisconsin Supreme Court · 1940
- State ex rel. Lang v. Civil Court of Milwaukee CountyWisconsin Supreme Court · 1938
- Neylan v. VorwaldCourt of Appeals of Wisconsin · 1984
3 more not listed; retrieve them via the Exa API.