Platt v. Schmidt
Wisconsin Supreme Court
Appeal from an order of the county court of Dodge county: J. A. BabNey, Judge. This was an action to foreclose a mortgage originally for $6,500, on which it was claimed that there remained $5,000 unpaid. One of the principal defenses was the payment of an additional $1,000 and the tender of the balance of $4,000 before commencement of the suit, and the keeping good of said tender.
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Appeal from an order of the county court of Dodge county: J. A. BabNey, Judge. This was an action to foreclose a mortgage originally for $6,500, on which it was claimed that there remained $5,000 unpaid. One of the principal defenses was the payment of an additional $1,000 and the tender of the balance of $4,000 before commencement of the suit, and the keeping good of said tender. This defense was substantially sustained by the findings ánd judgment, which latter was that the plaintiff’s complaint be dismissed. That judgment was entered on May 14, 1901, and on the same day plaintiff filed…
1Opinion of the CourtDodge, J.
No doubt whatever is suggested that the plaintiff did duly and in form file exceptions to the findings of fact of the trial court, and that he did intend and attempt to so incorporate into his bill of exceptions the fact that such exceptions were taken as to enable this court to review those findings in the light of the evidence. Neither the court below nor the counsel.for the respondent could have otherwise interpreted the assertion in the bill of exceptions quoted in the foregoing statement of facts. Nor does counsel for the respondent venture to controvert the assertion in the affidavit of…
2Cases cited6 opinions
- Whereatt v. EllisWisconsin Supreme Court · 1887
- Bloor v. SmithWisconsin Supreme Court · 1901
- Castle v. City of MadisonWisconsin Supreme Court · 1902
- Boutin v. CatlinWisconsin Supreme Court · 1899
- Cleveland v. HopkinsWisconsin Supreme Court · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Wipfli v. MartinWisconsin Supreme Court · 1967
- Wiegel v. Sentry Indemnity Co.Wisconsin Supreme Court · 1980
- Theuerkauf v. SchnellbaecherWisconsin Supreme Court · 1974
- McCraw v. WitynskiWisconsin Supreme Court · 1969
- Ellis v. Barron CountyWisconsin Supreme Court · 1904