Teetshorn v. Hull
Wisconsin Supreme Court
APPEAL from tlie Circuit Court for Walworth County. This is an action to recover the penalty imposed by sec. 46, ch. 86 of the Revised Statutes, for refusing and neglecting to discharge a mortgage.
Read the full summary
APPEAL from tlie Circuit Court for Walworth County. This is an action to recover the penalty imposed by sec. 46, ch. 86 of the Revised Statutes, for refusing and neglecting to discharge a mortgage. That section is as follows: “If any mortgagee, or his personal representative, or his assignee, as the case may be, after a full performance of the conditions of the mortgage, whether before or after a breach thereof, shall, for the space of seven days after being thereto requested, and after tender of his reasonable charges, refuse or neglect to discharge the same as provided in this chapter, or…
1Opinion of the CourtLyon, J.
Section 3, of chap. 155 of the revised statutes, is as follows: “ In actions to recover any penalty or forfeiture *166imposed by any statute, it shall be sufficient, without setting forth the special matter, to allege in the complaint that the defendant is indebted to the plaintiff in the amount of such penalty or forfeiture, according to the provisions of. the statute by which such penalty or forfeiture is imposed, specifying the section and chapter, as the case may require, or in some other similar terms referring to such statute. The complaint shall contain a demand for judgment for the amount…
2Cases cited2 opinions
- K v. HWisconsin Supreme Court · 1866
- White v. . SpencerNew York Court of Appeals · 1856
3Cited by23 opinions
- Manning v. School District No. 6Wisconsin Supreme Court · 1905
- Hazleton v. Union Bank of ColumbusWisconsin Supreme Court · 1873
- Potter v. TaggartWisconsin Supreme Court · 1882
- Kelly v. RogersSupreme Court of Minnesota · 1874
- Redmon v. Phœnix Fire InsuranceWisconsin Supreme Court · 1881
18 more not listed; retrieve them via the Exa API.