Legal Opinion

Donovan v. Theo. Otjen Co.

Wisconsin Supreme Court

Decided April 17, 1941PublishedCited by 1 opinion

1Opinion of the CourtFairchild, J.

Sec. 281.22 (4), Stats., to all intents and purposes so far as this case is concerned is similar to the law which was held unconstitutional in Hanauer v. Republic Building Co. 216 Wis. 49, 255 N. W. 136, 256 N. W. 784. According to the letter of that section it forbids the commencing of an action at law or in equity except for the foreclosure of a mortgage where the evidence of indebtedness is secured by a mortgage on real estate until the mortgage is foreclosed and the property incumbered or pledged has been sold and the sale thereof confirmed. That section became effective September 19,…

2Cases cited4 opinions

  1. Hanauer v. Republic Building Co.Wisconsin Supreme Court · 1934
  2. Jones v. Broadway Roller Rink Co.Wisconsin Supreme Court · 1908
  3. State ex rel. M. A. Hanna Dock Co. v. WillcutsWisconsin Supreme Court · 1910
  4. State ex rel. Carter v. RosenthalWisconsin Supreme Court · 1923

3Cited by1 opinion

  1. Abdella v. AbdellaWisconsin Supreme Court · 1954

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