Bourgeois v. Schrage
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ozaukee County. This was an action to foreclose an equitable mortgage, in the form of an absolute deed. It was tried by a referee, and on the coming in of his report the defendants excepted to his findings and moved to modify his report. Upon the hearing of that motion it was denied, and an order entered confirming the report, from which defendants Schrage and wife appeal.
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APPEAL from the Circuit Court for Ozaukee County. This was an action to foreclose an equitable mortgage, in the form of an absolute deed. It was tried by a referee, and on the coming in of his report the defendants excepted to his findings and moved to modify his report. Upon the hearing of that motion it was denied, and an order entered confirming the report, from which defendants Schrage and wife appeal. The arguments were confined to the sufficiency of the evidence to sustain the findings, and the regularity of the order.
1Opinion of the Court
Ortoíst, J.
This is an appeal from an order confirming the report of a referee. It is very clear that such an appeal does not lie. The confirmation of the findings and report of the referee constitutes them the findings of the court in the case. White v. Magann, 65 Wis. 86. An appeal cannot be taken from the findings of fact or conclusions of law of the circuit court. Webster-Glover L. & M. Co. v. St. Croix Co. 63 Wis. 647. This appeal must therefore be dismissed. "We very much question from our knowledge of the case whether the result would have been more favorable to the appellants had we…
2Cases cited2 opinions
- Webster-Glover Lumber & Manufacturing Co. v. St. Croix CountyWisconsin Supreme Court · 1885
- White v. MagannWisconsin Supreme Court · 1886
3Cited by5 opinions
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- Murray v. ScribnerWisconsin Supreme Court · 1887
- Smith v. Shawano CountyWisconsin Supreme Court · 1890
- Greeney v. GreeneyWisconsin Supreme Court · 1916