Radford v. Smith
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Fond du Lac county: Ohestee A. Fowlee, Circuit Judge. This action was brought to foreclose a mortgage on the homestead of the defendants. The execution and delivery of the note and mortgage were admitted, and the defense set up was that since the maturity of the note the defendant Ghas. D. .Smith informed plaintiff that he was making every effort possible to raise the mopey; that the defendant Ohas.
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Appeal from a judgment of the circuit court for Fond du Lac county: Ohestee A. Fowlee, Circuit Judge. This action was brought to foreclose a mortgage on the homestead of the defendants. The execution and delivery of the note and mortgage were admitted, and the defense set up was that since the maturity of the note the defendant Ghas. D. .Smith informed plaintiff that he was making every effort possible to raise the mopey; that the defendant Ohas. D. Smith offered at various times to pay the note before it became due and plaintiff declined to receive payment, and that plaintiff agreed that he…
1Opinion of the CourtEtsewiN, J.
Two main points are raised by the assignment of errors on this appeal, namely: (1) that the court granted defendants no relief on their so-called counterclaim; and (2) that the judgment is not authorized by the findings. It is contended by appellants that since there was no reply to the counterclaim the court should have rendered judgment in *166their favor upon it without any application by them for judgment. Whether the defendants could put in a counterclaim, even conceding that it sets up a cause of action, and pay no further attention to it and ask no relief thereon from the court below and…
2Cases cited5 opinions
- Fanning v. MurphyWisconsin Supreme Court · 1906
- Rust v. FitzhughWisconsin Supreme Court · 1907
- Union National Bank of Chicago v. CrossWisconsin Supreme Court · 1898
- Spafford v. McNallyWisconsin Supreme Court · 1907
- Andresen v. Upham Manufacturing Co.Wisconsin Supreme Court · 1904
3Cited by2 opinions
- Haase v. BlankWisconsin Supreme Court · 1922
- Minn Billiard Co. v. SchwabWisconsin Supreme Court · 1922