Brockway v. Carter
Wisconsin Supreme Court
APPEAL from the Municipal Court of the City and Town of Ripon. Foreclosure of mortgage on land. The defendants appealed from an order overruling their demurrer to the complaint. The question of jurisdiction involved will appear from the opinion.
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APPEAL from the Municipal Court of the City and Town of Ripon. Foreclosure of mortgage on land. The defendants appealed from an order overruling their demurrer to the complaint. The question of jurisdiction involved will appear from the opinion. The prayer for judgment, after demanding a foreclosure, sale of the mortgaged premises, and payment of the mortgage debt, etc., out of the proceeds, further prays that the defendant Carter “may be adjudged to pay any deficiency which may remain after applying all of said moneys so applicable thereto,” and for general relief. One of the grounds of…
1Opinion of the CourtCole, J.
This was an action to foreclose a mortgage, commenced in thé municipal court for the city and town of Ripon. The mortgaged premises were situated outside of the city and town of Ripon, being in the town of Metomen, in Pond du Lac county. The complaint is demurred to principally pn the ground that the municipal court has no jurisdiction of a foreclosure action, unless the land lies within the city or town of Ripon.
In the case of Lane v. Burdick, 17 Wis. 92, this court had occasion to put a construction upon the act (chap. 302, Private and Local Laws of 1861) creating the municipal court of the…
2Cases cited2 opinions
- Pereles v. AlbertWisconsin Supreme Court · 1860
- Lane v. BurdickWisconsin Supreme Court · 1863
3Cited by3 opinions
- Atkins v. FrakerWisconsin Supreme Court · 1873
- Kentzler v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1879
- Geiser Threshing Machine Co. v. CarterWisconsin Supreme Court · 1872