Germantown Farmers' Mutual Insurance v. Dhein
Wisconsin Supreme Court
APPEAL from the Circuit Court for Mihoaukee County. The case is stated in the opinion. The defendants appealed from the order denying, for want of prosecution, their motion to set aside the judgment. 1. The mortgage sought to be reformed and foreclosed is defective, and in equity stands on the same footing as an ex-ecutory contract to mortgage. Petesehv.
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APPEAL from the Circuit Court for Mihoaukee County. The case is stated in the opinion. The defendants appealed from the order denying, for want of prosecution, their motion to set aside the judgment. 1. The mortgage sought to be reformed and foreclosed is defective, and in equity stands on the same footing as an ex-ecutory contract to mortgage. Petesehv. Hambach, 48 Wis., 443; Eaton v. Eaton, 15 id., 259; Halt v. Houle, 19 id., 472; Hanson v. Michelson, id., 498; Martin v. Dwelly, 6 Wend., 9; Conrad v. Schwamb, 53 Wis., 372, 377. The action to reform the mortgage being in the nature of an…
1Opinion of the CourtORton, J.
The action is for the foreclosure of a mortgage. The defendants' both appeared and answered, but they failed to appear at the trial and insist upon their defense, and judgment of foreclosure was regularly taken. The defendants thereafter obtained a rule to show cause why the judgment should not be set aside and the cause stand for trial, upon certain affidavits showing the reasons for their non-appearance at such trial for the purpose of excusing the same, which said rule was returnable to be heard on the 11th day of July, 1881, or as soon thereafter as counsel could be heard. The order…
2Cases cited7 opinions
- Staak v. SigelkowWisconsin Supreme Court · 1860
- Thompson v. JonesWisconsin Supreme Court · 1856
- Begg v. BeggWisconsin Supreme Court · 1883
- State ex rel. State Agricultural Society v. TimmeWisconsin Supreme Court · 1883
- Waldo v. RiceWisconsin Supreme Court · 1864
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3Cited by1 opinion
- Chamberlain v. BushHawaii Supreme Court · 1905