Hart v. Jos. Schlitz Brewing Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Ashland county: John K. Parish, Circuit Judge. It appears from the record, and is in effect found hy the court, that September 10, 1894, the plaintiffs, Michael J. and Bridget Hart, executed and delivered to the Jos.
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Appeal from a judgment of the circuit court for Ashland county: John K. Parish, Circuit Judge. It appears from the record, and is in effect found hy the court, that September 10, 1894, the plaintiffs, Michael J. and Bridget Hart, executed and delivered to the Jos. Schlitz Brewing Company their promissory note for $500, due in one year from that date, with interest at six per cent.; that .at the same time the plaintiffs executed and delivered to that company a mortgage to secure the payment of that note on land described belonging to tbe plaintiff Michael J., and at; tbe same time they…
1Opinion of the CourtCassodat, C. J.
Tbe findings of fact are against the-plaintiffs, and in favor of tbe brewing company. Tbe plaintiffs seek to avail themselves of exceptions to certain of sucb findings to sustain tbe judgment — a practice which is per*556missible. Sec. 3070, Stats. 1898, and notes. They claim that it appears from the preponderance of the evidence that the judgment of foreclosure and sale-was not entered January 14, 1896, nor until it was marked as filed by the clerk October 25, 1897. If that were so, then the sale was premature. The mere improper failure of the clerk to mark the judgment and the papers composing…
2Cases cited6 opinions
- Packard v. Kinzie Avenue Heights Co.Wisconsin Supreme Court · 1900
- Bostwick v. Van VleckWisconsin Supreme Court · 1900
- Meehan v. BlodgettWisconsin Supreme Court · 1893
- Andrews v. WelchWisconsin Supreme Court · 1879
- Lang v. Menasha Paper Co.Wisconsin Supreme Court · 1903
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