Rowley v. Williams
Wisconsin Supreme Court
ON tbe lltb day of June, A. D. 1855, tbe appellants, Henry Williams, James Bonnell, Edward H. Goodrich, Samuel L. Strong, Caleb B. Orapo and George C. Russell, filed tbeir bill of complaint in tbe Circuit Court of Dane county, to foreclose a certain mortgage executed by Frederick A. J. Starr and wife, to them, as security for tbe payment of certain promissory notes which they held against Starr.
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ON tbe lltb day of June, A. D. 1855, tbe appellants, Henry Williams, James Bonnell, Edward H. Goodrich, Samuel L. Strong, Caleb B. Orapo and George C. Russell, filed tbeir bill of complaint in tbe Circuit Court of Dane county, to foreclose a certain mortgage executed by Frederick A. J. Starr and wife, to them, as security for tbe payment of certain promissory notes which they held against Starr. These mortgaged premises were incumbered by a prior mortgage executed by Starr and wife to Desire A. Barrell, as security for the payment of four promissory notes of $100 each. These notes and…
1Opinion of the Court
By the Court,
Smith, J.
Another suit depending in tbe same court, for tbe same matter, is a good plea if it contain tbe proper and necessary averments, and is in tbe proper form. It appears tliat tbe plea in this case was set down for bearing, and tbe matters therein alleged thereby admitted to be true. Though tbe usual practice is, especially when the other suit is pending in another court, to obtain an order of reference to a master to examine and report whether or not tbe plea be true; yet it seems, if tbe plea be set down for bearing, it must be allowed, unless it be defective in form. The…
2Cases cited2 opinions
- Armstrong v. PrattWisconsin Supreme Court · 1853
- Wendell v. WendellNew York Court of Chancery · 1831
3Cited by1 opinion
- O'Brien v. Circuit JudgeMichigan Supreme Court · 1895