White v. Polleys
Wisconsin Supreme Court
APPEAL from the Circuit Court for La Orosse County. While having obtained a judgment for the foreclosure of a mortgage given by Polleys on lots 1 and 2 of B. and O.’s addition to the (now)- city of La Crosse, and the premises having-been advertised for sale by a referee, Polleys applied to the court for an order directing the referee to cause his homestead, situated on said lots, not exceeding l-4th of an acre, to be surveyed by some disinterested, competent person, and set…
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APPEAL from the Circuit Court for La Orosse County. While having obtained a judgment for the foreclosure of a mortgage given by Polleys on lots 1 and 2 of B. and O.’s addition to the (now)- city of La Crosse, and the premises having-been advertised for sale by a referee, Polleys applied to the court for an order directing the referee to cause his homestead, situated on said lots, not exceeding l-4th of an acre, to be surveyed by some disinterested, competent person, and set off to him as provided by law in case of sale on execution, and requiring the referee to sell the residue of the…
1Opinion of the CourtCole, J.
When this cause was reached in its order, it was argued by the counsel for the appellants, the counsel for the opposite party not being present. After the cause had thus been submitted, the counsel for the respondent made and filed a motion to dismiss the appeal, for the reason that no copy of the undertaking was served with the notice of appeal, as required by the statute. If this objection had been seasonably taken, the motion must have prevailed and the appeal been dismissed. But after a cause has been submitted, we think it too late to move to dismiss the appeal upon any such ground. *505And…
2Cases cited1 opinion
- Jones v. DowWisconsin Supreme Court · 1864
3Cited by15 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Tyson v. TysonWisconsin Supreme Court · 1896
- Horton v. KellySupreme Court of Minnesota · 1889
- Hanson v. EdgarWisconsin Supreme Court · 1874
- Burger v. SinclairNorth Dakota Supreme Court · 1912
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