Campbell v. Smith
Wisconsin Supreme Court
APPEAR PROM CIRCUIT COURT, KENOSHA COUNTY. This was an appeal from an order of the circuit court of Kenosha county, confirming a sale upon a judgment of foreclosure, of a mortgage made by the defendant, Smith. Two motions were made and heard at the same time. One to confirm the sale, made by the plaintiff; and the other by the defendant, to set it aside. The first of these was granted, and the latter denied.
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APPEAR PROM CIRCUIT COURT, KENOSHA COUNTY. This was an appeal from an order of the circuit court of Kenosha county, confirming a sale upon a judgment of foreclosure, of a mortgage made by the defendant, Smith. Two motions were made and heard at the same time. One to confirm the sale, made by the plaintiff; and the other by the defendant, to set it aside. The first of these was granted, and the latter denied. The remaining facts of the case sufficiently appear in the opinion of the court.
1Opinion of the Court
By the Court,
Core, J.
The power of the circuit judge to grant the order staying proceedings in this cause, was not *306controverted upon the argument; but it was contended on the part of the respondent, that there never was any legal service of that order on Campbell or his attorney. The circumstances under which the order was served appear from the affidavit of James M. Pettit to have been ( substantially as follows : James M. was a clerk in the office of J. J. Pettit, who was counsel for the appellant, on the 28th of June, 1858, and was requested, by such counsel, on that day, to make personal…
2Cited by3 opinions
- Kemp v. HeinWisconsin Supreme Court · 1879
- Western Bank of Scotland v. TallmanWisconsin Supreme Court · 1863
- Jones v. DowWisconsin Supreme Court · 1862