Rietz v. Foeste
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Sheboygan County. Plaintiffs appealed from an order sustaining defendants’ demurrer to tbe ccmplaint. Tbe facts appear in tbe opinion. argued, among other things, that section 6 of tbe act of 1859, by which courts are prohibited from demanding payment of principal, was not repealed by tbe act of 1871. Tbe non-repeal of said section shows the intent of tbe legislature that tbe act of 1871 should not be retroactive.
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APPEAL from tbe Circuit Court for Sheboygan County. Plaintiffs appealed from an order sustaining defendants’ demurrer to tbe ccmplaint. Tbe facts appear in tbe opinion. argued, among other things, that section 6 of tbe act of 1859, by which courts are prohibited from demanding payment of principal, was not repealed by tbe act of 1871. Tbe non-repeal of said section shows the intent of tbe legislature that tbe act of 1871 should not be retroactive. Nor is said section 6 repealed by chapter 157, Laws of 1872, neither the law of 1871 nor of 1872 being retrospective. The right of action in this…
1Opinion of the CourtCole, J.
The object of this action is to have a note and mortgage mentioned in the complaint declared void for usury, and cancelled, and also to compel the defendants to re-assign certain policies of insurance held as collateral security for the payment of the usurious loan. The alleged usurious contract *695was made, and securities given, in December, 1868, while tbe provisions of chapter .160, Laws of 1859, were in force. The action was commenced in May, 1871, after the repeal of sections four and eight of that chapter by the enactment of the law of 1871 (chap. 93, Laws of 1871). The complaint is…
2Cases cited4 opinions
- Livingston v. HarrisNew York Court of Chancery · 1831
- Draper v. EmersonWisconsin Supreme Court · 1867
- Brumly v. Westchester County Manufacturing SocietyNew York Court of Chancery · 1815
- Cooper v. TappanWisconsin Supreme Court · 1856
3Cited by1 opinion
- Haggerson v. PhillipsWisconsin Supreme Court · 1875