Wylie v. Karner
Wisconsin Supreme Court
APPEAL from the Circuit Court for Portage County. The defendant appealed from a judgment in favor of the plaintiff. The case is thus stated by Mr. Justice Tayjlob: “This action was brought to foreclose a mortgage.
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APPEAL from the Circuit Court for Portage County. The defendant appealed from a judgment in favor of the plaintiff. The case is thus stated by Mr. Justice Tayjlob: “This action was brought to foreclose a mortgage. The complaint was in the usual form, and, among other things, alleged 'that the mortgagor, 8. E. Ea/rner, in and by said mortgage covenanted and agreed that he would pay the sum of $25 solicitor’s fees in case of the foreclosure of said mortgage by reason of the non-performance of any of the conditions thereof on his part. It seems that the mortgage was given to secure the purchase…
1Opinion of the CourtTaylor, J.
Upon this appeal the appellant alleges that his exceptions to the findings were well taken, and he also assigns for error that the judgment was erroneous in that it awarded to the plaintiff $50 as attorney’s fees in addition to the taxable costs, when the mortgage contained a covenant for the payment of only $25 for such fee.
It is a sufficient answer to the first two exceptions, that the court does find that a certain sum was due and unpaid upon the contract for the sale of the land at the date of the finding, viz., the sum stated in such findings. It is very clear from the pleadings that the…
2Cases cited6 opinions
- Willer v. BergenthalWisconsin Supreme Court · 1880
- Catlin v. HentonWisconsin Supreme Court · 1859
- Sanford v. McCreedyWisconsin Supreme Court · 1871
- In re WillWisconsin Supreme Court · 1881
- Page v. Town of SumpterWisconsin Supreme Court · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Campbell v. SutliffWisconsin Supreme Court · 1927
- West v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1882
- Schroeder v. RichardsonWisconsin Supreme Court · 1899
- Evans v. PosterWisconsin Supreme Court · 1891
- Potts v. CooleyWisconsin Supreme Court · 1882
2 more not listed; retrieve them via the Exa API.