Grunert v. Speich
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Green 'County: B. E. DuNWIddie, Circuit Judge. Action to recover on a promissory note, dated August 31, 1895, signed by the defendants with one Wyss as their accommodation maker, whereby they agreed to pay the Citizens’ Bank of Monroe, Wisconsin, or order, $2,000 on demand after date.
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Appeal from a judgment of the circuit court for Green 'County: B. E. DuNWIddie, Circuit Judge. Action to recover on a promissory note, dated August 31, 1895, signed by the defendants with one Wyss as their accommodation maker, whereby they agreed to pay the Citizens’ Bank of Monroe, Wisconsin, or order, $2,000 on demand after date. Defendant Marty answered that plaintiff purchased' the note of the hank and that it was fully paid before the commencement of the action; that after plaintiff became the owner thereof he and Wyss induced defendants to give security therefor to Wyss; that Wyss paid…
1Opinion of the Court
The following opinion was filed March 11, 1902:
Maesi-iall, J.
It was not a very orderly procedure to grant a hearing on a motion for leave to discontinue and to render judgment before the day for the hearing, but we are unable to see wherein appellant was prejudiced thereby. Moreover, the order denying the motion for leave, to discontinue was made after judgment and cannot be reviewed upon appeal from the judgment. If we consider the motion as having been impliedly denied, and the order granting a hearing dismissed by the entry of judgment, and in that light that the ruling is here for review,…
2Cases cited13 opinions
- State ex rel. City of Milwaukee v. LudwigWisconsin Supreme Court · 1900
- Maldaner v. SmithWisconsin Supreme Court · 1899
- Brown v. GriswoldWisconsin Supreme Court · 1901
- Hamilton v. Menominee Falls Quarry Co.Wisconsin Supreme Court · 1900
- Perkins v. TrinkaSupreme Court of Minnesota · 1883
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