Crowns v. Forest Land Co.
Wisconsin Supreme Court
Motion for leave to file a bill of- review. Iu 1880, one Otto D. Bjorquist conveyed a tract of land to defendant, and took back a mortgage for $16,000, which was afterwards assigned to plaintiff. The mortgage was foreclosed, the property sold, and a judgment for deficiency entered against defendant.
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Motion for leave to file a bill of- review. Iu 1880, one Otto D. Bjorquist conveyed a tract of land to defendant, and took back a mortgage for $16,000, which was afterwards assigned to plaintiff. The mortgage was foreclosed, the property sold, and a judgment for deficiency entered against defendant. An appeal from both judgments was taken to this court by the defendant, and the judgments were affirmed. [99 Wis. 103.] While these appeals were pending, the defendant made a motion in the superior court for leave to amend its answer, and set up new matters in the nature of a cross bill, bringing,…
1Opinion of the CourtBardeen, J.
The relief sought on this motion opens an inviting field. It is a singular circumstance that, after nearly a half century of practice under the Code, the question of practice here presented should have been left open and undetermined. True it is that, under some of the earlier decisions of the court, language has been used that would seem to justify the idea that the bill of review of the old practice is still a proper remedy under the Code. But when we come to consider the object and purpose of the new system ; when we keep in view the fact that the new order was intended as a complete…
2Cases cited21 opinions
- The Erie Railway Company v. . RamseyNew York Court of Appeals · 1871
- Johnson v. ColemanWisconsin Supreme Court · 1868
- Nealis v. DicksIndiana Supreme Court · 1880
- Kollock v. ScribnerWisconsin Supreme Court · 1897
- Seguin v. MaverickTexas Supreme Court · 1859
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3Cited by25 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
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- Ludington v. PattonWisconsin Supreme Court · 1901
- Zinc Carbonate Co. v. First National Bank of ShullsburgWisconsin Supreme Court · 1899
- Boring v. OttWisconsin Supreme Court · 1909
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