Wisconsin Brick and Block Corp. v. Vogel

Although the parties agreed to consolidate the foreclosure actions with the ch. 128, Stats., proceeding and the order thereon stated the consolidation was for the purpose of determining all the rights of the parties, it is questionable whether the consolidation was one which could be effected under sec. 269.05. A volun tary assignment for the benefit of creditors is not an action but a special proceeding. Lamont v. Hibbard, Spencer, Bartlett & Co. (1894), 88 Wis. 109, 59 N. W. 456, and strictly does not come within the language of the consolidation section. Under sec. 269.05 upon…