Northwestern Mutual Life Insurance v. Park Hotel Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. Motion to vacate an order of this court, entered ex parte, fixing tbe amount of an undertaking to stay proceedings on appeal, upon refusal of the circuit judge to fix such amount.
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APPEAL from the Circuit Court for Dane County. Motion to vacate an order of this court, entered ex parte, fixing tbe amount of an undertaking to stay proceedings on appeal, upon refusal of the circuit judge to fix such amount. The action was brought by ‘the Northwestern Mutual Life Insurance Company against The Dark Hotel Company and others, its trustees and- stockholders, Samuel Marshall, trustee, and Mark H. Irish, to foreclose a mortgage executed by said Hotel Company to the plaintiff, November 1, 1870. None of the defendants appeared in the action, except Irish. The mortgage was upon the…
1Opinion of the Court
RvAN, U- J.
That part of the judgment of the court below, from which (this appeal is prosecuted, takes from the mortgagor the colleatio.n ¡and administration of the income of the mortgaged premises, pending the sale and the statutory right of redemption, and undertakes to make a final disposition of it. *131The right of the mortgagor, and other parties to the action interested, to take the appeal, is too plain for discussion.
And the right of appeal as plainly carries with it the right to stay proceedings on that part of the judgment, pending the appeal. “ In every judicial system, there are…
2Cases cited4 opinions
- Noonan v. OrtonWisconsin Supreme Court · 1871
- Hudson v. SmithWisconsin Supreme Court · 1859
- Waterman v. RaymondWisconsin Supreme Court · 1856
- Russel v. BartlettWisconsin Supreme Court · 1859
3Cited by23 opinions
- State ex rel. Barnard v. Board of EducationWashington Supreme Court · 1898
- Kollock v. ScribnerWisconsin Supreme Court · 1897
- State ex rel. St. Louis & Kirkwood Railroad v. HirzelSupreme Court of Missouri · 1897
- Stein v. BenedictWisconsin Supreme Court · 1892
- Hunter v. BosworthWisconsin Supreme Court · 1878
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