Rice v. Cribb
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bocine County. This was an action commenced in April, 1858, to foreclose a mortgage given to secure the payment of four notes, two only of which were due at the commencement of the suit, the others not falling due until January, 1859. The notes and mortgage were executed by Oribb and Appleton, to one Mygatt; and the complaint alleges that the notes were assigned by tbe payee to tbe plaintiff.
Read the full summary
APPEAL from the Circuit Court for Bocine County. This was an action commenced in April, 1858, to foreclose a mortgage given to secure the payment of four notes, two only of which were due at the commencement of the suit, the others not falling due until January, 1859. The notes and mortgage were executed by Oribb and Appleton, to one Mygatt; and the complaint alleges that the notes were assigned by tbe payee to tbe plaintiff. Tbe mortgage stipulated for tbe payment, by tbe mortgagor, of fifty dollars as solicitor’s fee, in case of a foreclosure. During tbe progress of tbe cause, an order was…
1Opinion of the Court
By the Court,
DixoN, C. J.
A reference to the judgment roll sent with this case, shows that the counsel for the appellants was mistaken in supposing that the referee named in the order of reference had failed to comply with its requirements. The report was a full and complete answer to all matters referred to him. "We can discover no errors in the proceedings, from the time of the making of the order of reference, up to, and including the filing and confirmation of the referee’s report. The objection of usury is clearly untenable, and the fact, that there was no formal assignment of the…
2Cases cited1 opinion
- Howe v. EnglishWisconsin Supreme Court · 1858
3Cited by8 opinions
- Tholen v. DuffySupreme Court of Kansas · 1871
- First National Bank of Stillwater v. LarsenWisconsin Supreme Court · 1884
- Milwaukee Trust Co. v. Van ValkenburghWisconsin Supreme Court · 1907
- Brynjolfson v. OsthusNorth Dakota Supreme Court · 1903
- Manning v. McClurgWisconsin Supreme Court · 1861
3 more not listed; retrieve them via the Exa API.