Behnke v. Kroening
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Manito-woc county: Michael Kir wan, Circuit Judge. This action was brought to foreclose a mortgage executed and delivered to C. W. Behnke on August 11, 1903, for $2,000, payable in four years from that date at the rate of five per cent, per annum. The mortgage was subsequently assigned on March 7, 1905, to the First State Bank of Brillion, and by it, on September 19, 1906, to the plaintiff.
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Appeal from a judgment of the circuit court for Manito-woc county: Michael Kir wan, Circuit Judge. This action was brought to foreclose a mortgage executed and delivered to C. W. Behnke on August 11, 1903, for $2,000, payable in four years from that date at the rate of five per cent, per annum. The mortgage was subsequently assigned on March 7, 1905, to the First State Bank of Brillion, and by it, on September 19, 1906, to the plaintiff. As a defense defendants allege that the mortgage was given without consideration and was given upon advice of the plaintiff for the express purpose and…
1Opinion of the CourtSiebecker, C. J.
The respondents move to strike the bill of exceptions from the record upon the ground that it was not proposed or. settled within a year from the date of service of notice of entry of judgment, and that the extension of time to propose and settle it was granted after the expiration of such year upon the sole ground of the negligence of appellant’s attorney. It is contended that it is an established rule of practice that no bill of exceptions can be settled after the time for an appeal has expired, except upon a stipulation by the parties to the action. This claim is asserted on the…
2Cases cited12 opinions
- Clemens v. ClemensWisconsin Supreme Court · 1871
- Bailey v. CostelloWisconsin Supreme Court · 1896
- Paulson v. BoydWisconsin Supreme Court · 1908
- Shafer v. City of Eau ClaireWisconsin Supreme Court · 1900
- Zwietusch v. LuehringWisconsin Supreme Court · 1914
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3Cited by7 opinions
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- McCoy v. MayWisconsin Supreme Court · 1949
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