Legal Opinion

Sauer v. Steinbauer

Wisconsin Supreme Court

Decided May 22, 1861PublishedCited by 6 opinions

APPEAL from tbe Circuit Court for Milwaukee County. Sauer obtained a judgment for tbe foreclosure of a mortgage executed by Steinhauer, which, after reciting that tbe referee bad reported that tbe mortgaged premises could not be sold in parcels without injury to tbe interests of tbe parties, directed tbe sale of tbe premises, without stating whether they should be sold in parcels or otherwise.

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APPEAL from tbe Circuit Court for Milwaukee County. Sauer obtained a judgment for tbe foreclosure of a mortgage executed by Steinhauer, which, after reciting that tbe referee bad reported that tbe mortgaged premises could not be sold in parcels without injury to tbe interests of tbe parties, directed tbe sale of tbe premises, without stating whether they should be sold in parcels or otherwise. Tbe sheriff advertised tbe premises for sale, and on tbe day, but before tbe hour of sale, tbe circuit court (after service upon tbe defendant of a rule to show cause &c.) made an order that tbe sheriff…

1Opinion of the Court

By the Court,

DixoN, 0. J.

The order of the circuit court must be affirmed. For the purpose of executing the judgment, the place where the sale was made was as much within the jurisdiction of the sheriff as any other place within the city or county of Milwaukee. The act of cession declares-that it shall in no wise destroy, impair or interfere with the jurisdiction of this state over wrongs?, misdemeanors or crimes committed against the laws of this state, within the territory thereby ceded, nor with the service or execution of any legal process. Chapter 1, Laws of 1855. It may be true that the…

2Cases cited1 opinion

  1. Walton v. GoodnowWisconsin Supreme Court · 1861

3Cited by6 opinions

  1. Willis v. Oscar Daniels Co.Michigan Supreme Court · 1918
  2. Endress v. ShoveWisconsin Supreme Court · 1901
  3. Marling v. MaynardWisconsin Supreme Court · 1906
  4. Plankinton v. HildebrandWisconsin Supreme Court · 1895
  5. Baird v. McConkeyWisconsin Supreme Court · 1866

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