Starks v. Redfield
Wisconsin Supreme Court
APPEAL from the Circuit Court .for Marathon County. Action to foreclose as a mortgage a deed absolute on its face, and to recover any deficiency after a sale of the land, with prayer for an injunctional order restraining defendants from cutting timber on the lands included in said deed, until payment of the amount due, etc.
Read the full summary
APPEAL from the Circuit Court .for Marathon County. Action to foreclose as a mortgage a deed absolute on its face, and to recover any deficiency after a sale of the land, with prayer for an injunctional order restraining defendants from cutting timber on the lands included in said deed, until payment of the amount due, etc. The case is thus stated by Mr. Justice Cassoday: “ Upon the verified complaint, the defendant was enjoined on the Tth of September, 1880, from cutting any of the pine timber from the lands in question. On the 15th of the same month, Redfield served a verified answer on the…
1Opinion of the CourtCassoday, J.
Section 2781, R. S., provides, in effect, that the application to vacate or modify an injunction may be made upon the papers on which the injunction was granted, or upon proofs by affidavits or otherwise, on the part of the moving party; and, if the application be upon such proofs, but not otherwise, the opposite party may oppose the same by like *352proofs, in addition to those on which the injunction was granted; but the answer, duly verified, shall be given only the effect of an affidavit in determining the right toan injunction. Here 'the defendant moved to vacate upon proofs by verified…
2Cases cited9 opinions
- Carr v. . CarrNew York Court of Appeals · 1873
- Rogan v. WalkerWisconsin Supreme Court · 1853
- Kent v. AgardWisconsin Supreme Court · 1869
- Sweet v. MitchellWisconsin Supreme Court · 1862
- Spencer v. FredendallWisconsin Supreme Court · 1862
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Hoile v. BaileyWisconsin Supreme Court · 1883
- Smith v. PflugerWisconsin Supreme Court · 1905
- Schriber v. LeClairWisconsin Supreme Court · 1886
- Bennett v. HarrisonSupreme Court of Minnesota · 1911
- Rockwell v. HumphreyWisconsin Supreme Court · 1883
11 more not listed; retrieve them via the Exa API.