Callanan v. Judd
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Dodge County. Action upon a mortgage executed by tbe defendant Judd, in June, 1855, to tbe La Crosse and Milwaukee Railroad Company, as security for his note of the same date. The note and mortgage were attached to the bond of the company, and, by the terms of said bond, were assigned to the holder thereof as security for its payment; and plaintiff claimed as owner of the bond.
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APPEAL from tbe Circuit Court for Dodge County. Action upon a mortgage executed by tbe defendant Judd, in June, 1855, to tbe La Crosse and Milwaukee Railroad Company, as security for his note of the same date. The note and mortgage were attached to the bond of the company, and, by the terms of said bond, were assigned to the holder thereof as security for its payment; and plaintiff claimed as owner of the bond. The defense was, that the railroad company, before the execution of said note and mortgage, had fraudulently pretended to locate its road through the Tillage of Eox Lake, in said…
1Opinion of the CourtPaiNE, J.
This being an action to foreclose a mortgage, and having been tried with a jury, the respondent’s counsel claims for their' verdict the conclusive effect given by chapter 79, Laws of 1867. That act prohibits courts from trying an action to foreclose a mortgage in which there are issues of fact, without the intervention of a jury, except upon the written stipulation of the parties; and gives to the verdict the same force and effect as in actions at common law. It professes to divest the courts of all jurisdiction to try any action for foreclosure, except as therein provided. If the act is…
2Cases cited7 opinions
- Wight v. Shelby RailroadCourt of Appeals of Kentucky · 1855
- Fairchild v. RasdallWisconsin Supreme Court · 1859
- Connecticut & Passumpsic Rivers Rail Road v. BaileySupreme Court of Vermont · 1852
- Crosby v. RoubWisconsin Supreme Court · 1863
- Jones v. Milton & Rushville Turnpike Co.Indiana Supreme Court · 1856
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3Cited by30 opinions
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- Batty v. Arizona State Dental BoardArizona Supreme Court · 1941
- Kiley v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1909
- In re the Probate of the Will of JackmanWisconsin Supreme Court · 1870
- Bridgeport Public Library & Reading Room v. Burroughs HomeSupreme Court of Connecticut · 1912
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