Akerly v. Vilas
U.S. Circuit Court for the District of Western Wisconsin
In equity. This was an action commenced in the circuit court of Dane county, in the state of Wisconsin, in 1860, to foreclose a mortgage given by the defendant to plaintiff and one Mrs. Lord, she having assigned her interest to plaintiff.
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In equity. This was an action commenced in the circuit court of Dane county, in the state of Wisconsin, in 1860, to foreclose a mortgage given by the defendant to plaintiff and one Mrs. Lord, she having assigned her interest to plaintiff. The defendant answered, setting up various defenses and counter claims, among others an alleged breach of covenant by the plaintiff, for which he claimed damages m the sum of $100,000, stating that the mortgage was given to secure a part of the purchase price of certain real estate conveyed by plaintiff to defendant by deed, containing covenants of quiet…
1Opinion of the Court
HOPKINS, District Judge.
This case, as presenred by the motions of the respective parties, involves but two questions requiring consideration at this time.
First. Does the act of July 27, 1866, (2 Brightly, 115; 14 Stat. 306.) as amended by act of March2,1867, (2 Brightly, 116; 14 Stat. 558,) providing for the removal of certain cases from the state to the federal courts for trial, authorize or allow the parties to file new pleadings in the federal courts, or to change the issue, made up in the state courts before removal?
Second. If not, is this court estopped by the orders made while in the…
2Cases cited2 opinions
- New-York Firemen Insurance v. LawrenceCourt for the Trial of Impeachments and Correction of Errors · 1816
- Mithell v. AllenNew York Supreme Court · 1835
3Cited by2 opinions
- Storey v. StoreyDistrict Court, W.D. Wisconsin · 1915
- Whittenton Manuf'g Co. v. Memphis & Ohio River Packet Co.United States Circuit Court · 1883