Legal Opinion

Spaulding v. Milwaukee & Horicon Railroad

Wisconsin Supreme Court

Decided June 15, 1860PublishedCited by 2 opinions

APPEAL from tbe Circuit Court for Washington County. In this case an application was made by the respondent ^01'ai1 order, the nature of which application, and the grounds upon which it was made and was resisted, will appear sufficiently from the opinion of the court.

1Opinion of the Court

By the Court,

Cole, J.

It appears to us that the resjDond-ents have shown good cause why there should be no stay of proceedings granted herein, as asked for by the apj)ellants. The suit was originally commenced in the Dodge circuit court, by the respondents, to foreclose a mortgage given upon the railroad and corporate property, to secure the payment of first mortgage bonds, and the interest upon the same. It was alleged in the complaint that the corporation was in a condition of insolvency, and that the mortgaged premises were a scanty security for the mortgage debt, and, among other things,…

2Cases cited1 opinion

  1. Cummins v. BennettNew York Court of Chancery · 1840

3Cited by2 opinions

  1. State ex rel. City of Milwaukee v. LudwigWisconsin Supreme Court · 1900
  2. Juneau County v. HookerWisconsin Supreme Court · 1886

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