Legal Opinion

Schmidt v. Stolowski

Wisconsin Supreme Court

Decided October 24, 1905PublishedCited by 11 opinions

Appeal from an order of the circuit court for Milwaukee county: LaweeNce W. TIalsey, Circuit Judge. Plaintiff sued for the foreclosure of a mortgage upon the usual complaint in such actions, demanding judgment for the amount due, foreclosure of defendants’ interest in the mortgaged premises, and for personal judgment against the defendants.

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Appeal from an order of the circuit court for Milwaukee county: LaweeNce W. TIalsey, Circuit Judge. Plaintiff sued for the foreclosure of a mortgage upon the usual complaint in such actions, demanding judgment for the amount due, foreclosure of defendants’ interest in the mortgaged premises, and for personal judgment against the defendants. Proceedings were taken which resulted in the rendering of judgment by the circuit court on the 31st day of March, 1902. It appears that plaintiff and his attorney appeared in court upon that day, and proceeded to judgment in the action, upon the ground of…

1Opinion of the CourtSiebecker, J.

Appellant contends that tbe order of tbe circuit court should be reversed, and tbe relief demanded in ber petition for tbe vacation of tbe judgment rendered in tbe action should be granted, because it appears upon tbe face of tbe record that tbe affidavit of service relied on by tbe plaintiff is not entitled tbe same as is tbe summons and complaint. The discrepancy pointed out is an omission of tbe words contained in the summons “sole” and “formerly Skotzke.” Tbe summons is entitled on defendants’ part: “Ida Hoffmann and ber sole surviving joint-tenancy grantee, Antonina Siolowslci, formerly…

2Cases cited10 opinions

  1. German Mutual Farmer Fire Insurance v. DeckerWisconsin Supreme Court · 1889
  2. Bacon v. BassettWisconsin Supreme Court · 1865
  3. Hall v. GrahamWisconsin Supreme Court · 1880
  4. Reed v. CatlinWisconsin Supreme Court · 1880
  5. Zimmerman v. GerdesWisconsin Supreme Court · 1900

5 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Artman v. ArtmanSupreme Court of Connecticut · 1930
  2. Danielson v. Brody Seating Co.Wisconsin Supreme Court · 1976
  3. State Ex Rel. Delmoe v. District CourtMontana Supreme Court · 1935
  4. Hoag v. JeffersIndiana Supreme Court · 1928
  5. Home Bank v. BeckerWisconsin Supreme Court · 1970

6 more not listed; retrieve them via the Exa API.

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