Legal Opinion

Power v. Catlin

Wisconsin Supreme Court

Decided December 14, 1859Published

APPEAL PROM CIRCUIT COURT, MILWAUKEE COUNTV. This case comes to this court upon an order made by the judge of the circuit court of Milwaukee county, denying the petition of the appellants, David W. Catlin, Lorenzo Snow, and E. Porter, to set aside the decree of confirmation of a sale entered in that court.

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APPEAL PROM CIRCUIT COURT, MILWAUKEE COUNTV. This case comes to this court upon an order made by the judge of the circuit court of Milwaukee county, denying the petition of the appellants, David W. Catlin, Lorenzo Snow, and E. Porter, to set aside the decree of confirmation of a sale entered in that court. The respondent, David G. Power, filed his bill in the circuit court of Milwaukee county, under the old practice for the foreclosure of a mortgage, making the appellants parties by publication under § 18, of chapter 84, of the old statutes. After publication an order was entered taking the…

1Opinion of the Court

By the Court,

Cole, J.

It appears 'to us that chapter 101, Session Laws, 1856, is decisive of the question raised upon this appeal. Section 36, chapter 84, R. S., 1850, provided, that in case an absent defendant, against whom a decree should be made within six months after notice was given him of such a decree, or within three years after the decree had been made, in case no notice had been given, should petition the court touching the matter of such decree, he might be permitted to appear and make a defense to the bill filed, on complying with such reasonable, terms as the court might impose.…

2Cases cited2 opinions

  1. Berry v. NelsonWisconsin Supreme Court · 1856
  2. Berry v. DotyWisconsin Supreme Court · 1856

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