Cobb v. Harrison
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. Foreclosure of a mortgage. The amount claimed to be due was $500, with interest from July 1st, 1860. The complaint did not state the value of the property. There was a demurrer to it on the ground, among others, that the court had no jurisdiction of the subject of the action; and this was the only ground relied upon here.
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APPEAL from the County Court of Milwaukee County. Foreclosure of a mortgage. The amount claimed to be due was $500, with interest from July 1st, 1860. The complaint did not state the value of the property. There was a demurrer to it on the ground, among others, that the court had no jurisdiction of the subject of the action; and this was the only ground relied upon here. The county court ordered a judgment for tbe plaintiff, on tbe ground that tbe demurrer was frivolous ; and tbe defendant Harrison (tbe mortgagor) appealed from tbe judgment.
1Opinion of the Court
Tbe following opinion was filed at tbe January Term, 1866.
Cole, J.
Tbe demurrer in tbis case was clearly not frivolous, witbin tbe repeated decisions of tbis court. If, therefore, tbe appeal were from tbe order stinking out the demurrer as a in volous pleading, that order would probably have been reversed. But the appeal is from tbe judgment of foi’eelosure; and tbe question is, can we go back and review that order? If so, it must be under section 6, chap. 264, Laws of 1860. That section provides that upon an appeal from a judgment this court may review an intermediate order involving tbe…
2Cases cited1 opinion
- Rahn v. GunnisonWisconsin Supreme Court · 1860
3Cited by5 opinions
- Decker v. TrillingWisconsin Supreme Court · 1869
- Weishaupt v. WeishauptWisconsin Supreme Court · 1871
- Noonan v. OrtonWisconsin Supreme Court · 1872
- Sage v. McLeanWisconsin Supreme Court · 1875
- Cottrill v. CramerWisconsin Supreme Court · 1876