Andrews v. Welch
Wisconsin Supreme Court
APPEAL from the Circuit Court for Saule County. Foreclosure of a mortgage. The defendant Welch appealed from an order refusing to stay the sale of the premises upon the judgment. The ground upon which the stay was sought will appear from the opinion.
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APPEAL from the Circuit Court for Saule County. Foreclosure of a mortgage. The defendant Welch appealed from an order refusing to stay the sale of the premises upon the judgment. The ground upon which the stay was sought will appear from the opinion. They contended that ch. 135, R. S., wherever it speaks of a judgment, or of rendering a judgment, means a judgment as defined by sec. 2882, and by the common law, i. e., “ the final determination of the rights of the parties ” (Freeman on Judgm., 2d ed., sec. 2); that the rendering of a judgment is a strictly judicial act, and its entry a merely…
1Opinion of the CourtTayloe, J.
This is an appeal by the defendant Welch from an order denying his motion for an order staying the sale of the mortgaged premises under the judgment rendered in this action. The only question to be determined upon this appeal is, whether the respondent’s notice of the sale was premature.
The action was tried by the court, without a jury, at the March term, 1878. The findings of the court were dated April 5th, and filed July 12, 1878, and on the day last named a judgment was filed in the usual form, directing the sale of the mortgaged premises, except that there was a blank left in said…
2Cases cited10 opinions
- Wisconsin River Improvement Co. v. LyonsWisconsin Supreme Court · 1872
- Cord v. SouthwellWisconsin Supreme Court · 1862
- Blossom v. FergusonWisconsin Supreme Court · 1860
- Smith v. HartWisconsin Supreme Court · 1878
- Bonesteel v. BonesteelWisconsin Supreme Court · 1872
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Richardson v. RogersSupreme Court of Minnesota · 1887
- Haseltine v. SimpsonWisconsin Supreme Court · 1884
- Meehan v. BlodgettWisconsin Supreme Court · 1893
- Board of Supervisors v. PabstWisconsin Supreme Court · 1885
- Wheeler v. RussellWisconsin Supreme Court · 1896
3 more not listed; retrieve them via the Exa API.