Fallass v. Pierce
Wisconsin Supreme Court
APPEAL irom the Circuit Court for Outagamie County. Action for the foreclosure of a mortgage. On the 28th day of March, 1859, the defendant, William H. Pierce, mortgaged the lands in controversy, to the defendant Blanchard, the mortgages being recorded upon the same day.
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APPEAL irom the Circuit Court for Outagamie County. Action for the foreclosure of a mortgage. On the 28th day of March, 1859, the defendant, William H. Pierce, mortgaged the lands in controversy, to the defendant Blanchard, the mortgages being recorded upon the same day. On the 2d day of April, in the same year, Blanchard assigned the mortgages to Rice, but the assignments were not recorded until June 21, 1861. Blanchard then executed to Pierce, on the 10th of August, 1859, an instrument embracing both a quit-claim deed of the premises and a release of the mortgages, which instrument was…
1Opinion
The following opinion, granting a second re-hearing, was filed at the June term, 1872 :
DixoN, C. J.
A motion for a re-hearing denied is a bar to a second motion for the same purpose by the same party. This was so decided by this court several years ago, in an unreported case. But a motion for a re-hearing granted, and upon which the cause is again placed upon the calendar and re-argued and again submitted and decided, cannot have the same effect, and that is the question here presented. The effect of granting the motion is that the first judgment is set aside and the entry vacated, and the…
2Cases cited22 opinions
- Wood v. . ChapinNew York Court of Appeals · 1856
- Harrington v. SmithWisconsin Supreme Court · 1871
- Jackson ex dem. Merrick v. PostNew York Supreme Court · 1836
- Vanderkemp v. SheltonNew York Court of Chancery · 1844
- Ely v. WilcoxWisconsin Supreme Court · 1866
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