Kunze v. Kunze
Wisconsin Supreme Court
•Appeal from an order of the circuit court for Fond du Lac county: N. S. Gilson, Circuit Judge. The case is stated in the opinion. contended that the right to file a notice of Us pendens was an absolute right. Niebuhr v. Sohreyer, 13 Daly (N. Y.), 546. The statutes of this state give no authority to cancel a Us pendens except for a failure for one year to serve the summons. S. & B. Ann. Stats, sec. 3187; sec. 1, ch. 19, Laws of 1893.
1Opinion of the CourtWinslow, J.
The plaintiff brought an action to enforce a money judgment obtained in another state (Kunze v. Kunze, 94 Wis. 54), and filed a- notice of pendency of action in the office of the register of deeds, stating that the action affected the title to certain described real estate owned by the defendant. The circuit court, upon motion, vacated and set aside the Us pendens, and the plaintiff appealed. The-appeal must be dismissed. The order is not appealable,, under ch. 212, Laws of 1895.
By the Court.— Appeal dismissed.
A motion by the appellant to offset the judgment for costs in her favor on the…
2Cases cited1 opinion
- Kunze v. KunzeWisconsin Supreme Court · 1896
3Cited by1 opinion
- O'Connell v. SmithWisconsin Supreme Court · 1898