Legal Opinion

Milwaukee Trust Co. v. Sherwin

Wisconsin Supreme Court

Decided April 19, 1904PublishedCited by 6 opinions

Appeal from an order of the circuit court for Waukesha county: James J. Dick, Circuit Judge. Appeal by Sherwin and another, holders of bonds secured by the foreclosed mortgage, from an order confirming a foreclosure sale and denying appellants’ motion to order a resale.

1Opinion of the Court

The following opinion was filed February 2, 1904:

Dodge, J.

The order appealed from recites that it is based on the affidavit of Richard C. Sherwin and on affidavits of Camp, Mariner, and Yan Dyke in reply, and on “affidavit of numerous persons” as to value. The return of the clerk merely certifies that the mass of papers returned are “all the papers filed in the above-entitled action.” In neither nor both of these assertions is there anything- to identify any of the papers as the ones used upon the application for the order, nor to declare that the entire bundle includes all those so used.…

2Cases cited3 opinions

  1. Glover v. Wells & Mulrooney Grain Co.Wisconsin Supreme Court · 1896
  2. Tenney v. City of MadisonWisconsin Supreme Court · 1898
  3. Madden v. KinneyWisconsin Supreme Court · 1902

3Cited by6 opinions

  1. Ekern v. McGovernWisconsin Supreme Court · 1913
  2. State v. RedmonWisconsin Supreme Court · 1907
  3. McCabe v. McCabeWisconsin Supreme Court · 1905
  4. Oconto Land Co. v. MoslingWisconsin Supreme Court · 1904
  5. Colle v. Kewaunee, Green Bay & Western RailroadWisconsin Supreme Court · 1912

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