Smith v. Coolbaugh
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Action by a second mortgagee of chattels against Blalce, the mortgagor, and Coolbaugh, the assignee of a prior mortgage, to redeem. The first mortgage was made in January, 1862, to one Rowley, to secure the payment of $8.40 in three months from date, and the costs of a certain suit in which Rowley had become security for Blake.
Read the full summary
APPEAL from the Circuit Court for Winnebago County. Action by a second mortgagee of chattels against Blalce, the mortgagor, and Coolbaugh, the assignee of a prior mortgage, to redeem. The first mortgage was made in January, 1862, to one Rowley, to secure the payment of $8.40 in three months from date, and the costs of a certain suit in which Rowley had become security for Blake. The mortgage declared that in case of default, Rowley or his assigns might take possession of the property, and sell &c.; and also that if at any time he should deem himself insecure he might seize and sell upon…
1Opinion of the CourtCole, J.
In this case the appellant filed a general exception to the facts found by the court, and to the conclusion of law therefrom. There were three separate and distinct findings upon questions of fact, and a general conclusion of law from the facts found. Under the practice of this court, the exception is too general to authorize us to review the evidence. The cases of Taft v. Kessel, 16 Wis., 273, and Gilman v. Thiess, 18 id., 528, are clear and decisive upon the question of practice. And the adjudications are equally clear and emphatic in New York, that upon a general exception of this kind the…
2Cases cited4 opinions
- Taft v. KesselWisconsin Supreme Court · 1862
- Newell v. . DotyNew York Court of Appeals · 1865
- Flanders v. ThomasWisconsin Supreme Court · 1860
- Saxton v. WilliamsWisconsin Supreme Court · 1862
3Cited by9 opinions
- Illinois Trust & Savings Bank v. Alexander Stewart Lumber Co.Wisconsin Supreme Court · 1903
- Musgat v. PumpellyWisconsin Supreme Court · 1879
- Klinkert v. Fulton Storage & Mercantile Co.Wisconsin Supreme Court · 1902
- Central Finance Corp. v. Norton-Morgan Commercial Co.Arizona Supreme Court · 1922
- Pooler v. StateWisconsin Supreme Court · 1897
4 more not listed; retrieve them via the Exa API.