Dudley v. Beck
Wisconsin Supreme Court
This was a bill of foreclosure filed in the Circuit Court of Rock county, August 3,1852, of a mortgage on certain lands in Rock county, made by Beck and wife to one Chas. H. Dudley, on the 20th Aug. 1851, to secure the payment of a promissory note of the same date for $110, with twelve percent, interest per annum, within nine months after the date thereof; which mortgage was duly assigned to the complainant.
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This was a bill of foreclosure filed in the Circuit Court of Rock county, August 3,1852, of a mortgage on certain lands in Rock county, made by Beck and wife to one Chas. H. Dudley, on the 20th Aug. 1851, to secure the payment of a promissory note of the same date for $110, with twelve percent, interest per annum, within nine months after the date thereof; which mortgage was duly assigned to the complainant. The bill is in the usual form, and after alleging the execution and delivery of the mortgage, it charged as follows: that the mortgage had been assigned to, and was held and owned by the…
1Opinion of the Court
By the Court,
Whitok, C. J.
We are of opinion that the circuit judge decided correctly in rejecting the testimony of the defendant Beck, when he offered himself as a witness. The session laws of 1851, chapter 112, sec. I, provide that “whenever in an action at law or suit in equity, the defendant shall plead the defence of usury, and shall verify the truth of his plea by affidavit, he may, for the purpose of proving the usury, call aud examine the plaintiff or complainant as a witness, in the same manner as parties by law can now be made witnesses, and if the plaintiff or complainant shall fail…
2Cited by6 opinions
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- State ex rel. Hardy v. GleasonOregon Supreme Court · 1890
- Wiggins Construction Co. v. Joint School District No. 3Wisconsin Supreme Court · 1967
- Horlick's Malted Milk Co. v. A. Spiegel Co.Wisconsin Supreme Court · 1913
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