Hill v. Hoover
Wisconsin Supreme Court
The appellee and complainant below, filed a bill of foreclosure in tbe Circuit Court of Milwaukee county, on a note given, by defendants, Ebenezer B. Nelson and William Nelson, and on a mortgage executed by tbe Nelsons, on tbe thirteenth day of June, 1855,' and- a- subpoena was1 issued- returnable on - the twenty-seventh day of June, 1855. The subpoena was served oh the fifteenth-day' of June, on'Edward B.-Nelson and William Nelson, and returned on the'15th; On the 2d of…
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The appellee and complainant below, filed a bill of foreclosure in tbe Circuit Court of Milwaukee county, on a note given, by defendants, Ebenezer B. Nelson and William Nelson, and on a mortgage executed by tbe Nelsons, on tbe thirteenth day of June, 1855,' and- a- subpoena was1 issued- returnable on - the twenty-seventh day of June, 1855. The subpoena was served oh the fifteenth-day' of June, on'Edward B.-Nelson and William Nelson, and returned on the'15th; On the 2d of July an order was entered requiring Ebenezer B. Nelson and William Nelson to plead, answer or demur by the-2d day-of…
1Opinion of the Court
By the Court,
Cole, J.
I am of the opinion that the order of confirmation in this cause must be .vacated and set aside, for the reason that the proof of notice of sale, filed by the sheriff with his report, is insufficient. The statute provides (sec. 65, chap. 98) that “ the affidavit of the printer, or foreman of such printer, of any public newspaper published in this.state, of the publication of any notice or advertisement which by any law of this state shall be required to be published in such newspaper, shall be entitled to be read in evidence in all courts of justice in this state, and in…
2Cases cited3 opinions
- Tripp v. CookNew York Supreme Court · 1841
- Collier v. WhippleCourt for the Trial of Impeachments and Correction of Errors · 1834
- Duncan v. DoddNew York Court of Chancery · 1830
3Cited by7 opinions
- Sloane v. AndersonWisconsin Supreme Court · 1883
- Melms v. PfisterWisconsin Supreme Court · 1884
- State v. Board of County CommissionersNevada Supreme Court · 1869
- McChesney v. People ex rel. KocherspergerIllinois Supreme Court · 1898
- Pentzel v. SquireIllinois Supreme Court · 1896
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