Bridgeport Savings Bank v. Randall
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. Foreclosure of a mortgage of real estate. Among the parties made defendants as having an interest subsequent to the lien of the mortgage, was “ Alexander W. Randall, Governor of the State of Wisconsin,” who demurred, on the grounds that the complaint did not state facts sufficient to constitute a cause of action against him as governor of said state; that the court had not jurisdiction of him as such governor; and that the court…
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APPEAL from the Circuit Court for Dane County. Foreclosure of a mortgage of real estate. Among the parties made defendants as having an interest subsequent to the lien of the mortgage, was “ Alexander W. Randall, Governor of the State of Wisconsin,” who demurred, on the grounds that the complaint did not state facts sufficient to constitute a cause of action against him as governor of said state; that the court had not jurisdiction of him as such governor; and that the court had not “jurisdiction of an action against the state, or against him as the executive department of said state.” The…
1Opinion of the Court
By the Court,
Cole, J.
The counsel for the respondent states in his brief that the main and important question in this case is, whether Randall, as governor of the state, was liable to be prosecuted in the circuit court for the purpose of cutting off any right or interest in the mortgaged property vested in him as the executive of the state. It is argued that the executive, being a co-ordinate branch of the government, is not liable to be sued in the courts of the state.
Whether these propositions are correct or not, we shall not stop to inquire, for the reason that according to our…
2Cited by1 opinion
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