Legal Opinion

Von Baumbach v. Bade

Wisconsin Supreme Court

Decided December 14, 1859PublishedCited by 28 opinions

APPEAL PROM CIRCUIT COURT, MILWAUKEE COUNTY. This action was commenced against Bade and his wife, as mortgagors, and a large number of others, as subsequent incumbrancers. After judgment Bade appealed to this court. The facts are state fully by the chief justice in his opinion.

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APPEAL PROM CIRCUIT COURT, MILWAUKEE COUNTY. This action was commenced against Bade and his wife, as mortgagors, and a large number of others, as subsequent incumbrancers. After judgment Bade appealed to this court. The facts are state fully by the chief justice in his opinion. This case presented the same points as are discussed in Ogden vs. (¡Hidden, supra, 46, and FFeissner vs. Wells, id., 471, and it is deemed proper to give the brief of one counsel on each side of the constitutional question discussed ; and the arguments of Messrs. Waldo & Ody, in Ogden vs. Glidden, and of Messrs. Smith…

1Opinion of the Court

By the Court,

Dixon, C. J.

This case comes before the court upon an appeal from the judgment of the circuit court of Milwaukee county, rendered on the 10th day of July, 1858.

The facts, as they appear from the record, are these: On the 2d day of June, 1857, the defendant, Bade, executed and delivered to the plaintiff a bond, conditioned for the payment of six hundred and fifty dollars on the first day of March, 1858, with interest at the rate of twelve per cent, per annum ; and to secure the payment of the suni mentioned in the bond, with the interest, did, at the same time, together with his…

2Cases cited4 opinions

  1. Ogden v. SaundersSupreme Court of the United States · 1827
  2. Bronson v. KinzieSupreme Court of the United States · 1843
  3. McCracken v. HaywardSupreme Court of the United States · 1844
  4. Curran v. ArkansasSupreme Court of the United States · 1853

3Cited by28 opinions

  1. Rauen v. Prudential Insurance Co. of AmericaSupreme Court of Iowa · 1906
  2. State ex rel. Soutter v. Common Council of the MadisonWisconsin Supreme Court · 1861
  3. Merchants National Bank v. BraithwaiteNorth Dakota Supreme Court · 1898
  4. Robinson v. HoweWisconsin Supreme Court · 1861
  5. Gianella v. BigelowWisconsin Supreme Court · 1897

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