Stahl v. Gotzenberger
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ashland, County. Action to foreclose a mortgage. The answer set up a counterclaim or set-off. Plaintiff replied that he had paid the demand alleged in such counterclaim or set-off, before action brought. On these issues, without any order of the court, a jury was called and sworn, and the case proceeded as though it were a strictly legal action.
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APPEAL from the Circuit Court for Ashland, County. Action to foreclose a mortgage. The answer set up a counterclaim or set-off. Plaintiff replied that he had paid the demand alleged in such counterclaim or set-off, before action brought. On these issues, without any order of the court, a jury was called and sworn, and the case proceeded as though it were a strictly legal action. After hearing the evidence, the jury rendered the following verdict: “ The jury in the case of George A. Stahl v. Peter and William Gotzenberger, having considered the cáse, return the verdict that judgment be ren-'…
1Opinion of the CourtTayloe, J.
The proceedings in this action are novel, and violate all the general rules which govern equitable actions, even under the code.
"When the action is called for trial, a jury is drawn, without question by either party or by the learned judge; the jurors are sworn to try the issues generally in the action; and, after hearing the evidence, they render a verdict directing a judgment in favor of the plaintiff for the amount claimed in his *123complaint. To this no objection is made, either by tbe parties or tbe court. It might well be said that tbe jury in tbis case were encroaching somewhat upon tbe…
2Cases cited2 opinions
- Callanan v. JuddWisconsin Supreme Court · 1868
- Wadsworth v. WillardWisconsin Supreme Court · 1867
3Cited by9 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Evans v. NealisIndiana Supreme Court · 1882
- Spensley Feeds, Inc. v. Livingston Feed & Lumber, Inc.Court of Appeals of Wisconsin · 1985
- Dombrowski v. TomasinoWisconsin Supreme Court · 1965
- Cram v. BachWisconsin Supreme Court · 1957
4 more not listed; retrieve them via the Exa API.