Legal Opinion

Pereles v. Leiser

Wisconsin Supreme Court

Decided November 15, 1904PublishedCited by 6 opinions

Appeals from judgments of tbe superior court of Milwaukee county: OeeeN T. Williams, Judge. This action was commenced August 24, 1900, by tbe testator of tbe plaintiffs to foreclose a note secured by mortgage ■on tbe real estate described, both executed by Sarab Leiser to Erancisca Strobel, June 1, 1894, for $500, payable three years after tbe date thereof, with interest thereon at 6 per ■cent, from tbe date thereof.

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Appeals from judgments of tbe superior court of Milwaukee county: OeeeN T. Williams, Judge. This action was commenced August 24, 1900, by tbe testator of tbe plaintiffs to foreclose a note secured by mortgage ■on tbe real estate described, both executed by Sarab Leiser to Erancisca Strobel, June 1, 1894, for $500, payable three years after tbe date thereof, with interest thereon at 6 per ■cent, from tbe date thereof. Tbe mortgage was recorded June 15, 1894. Sarab Leiser died testate June 16, 1895, her will was admitted to probate July 10, 1895, and tbe defendant Isidor Leiser was appointed…

1Opinion of the Court

Oassoday, O. J.

Counsel for the plaintiff moves to dismiss the appeal from that part of the judgment of foreclosure and sale entered November 3, 1900, and quoted above, for the reason that it was not taken within “two years from the date1 of the entry of such judgment or order,” as prescribed by the statute (sec. 3039, Stats. 1898). As appears from the foregoing statement, such appeal was not taken until more than three years after “the entry of such judgment or order,” and' hence we perceive no reason why that appeal should not be dismissed.

The question recurs whether the matters determined…

2Cases cited5 opinions

  1. Duecker v. GoeresWisconsin Supreme Court · 1899
  2. Gaynor v. BlewettWisconsin Supreme Court · 1893
  3. Pereles v. LeiserWisconsin Supreme Court · 1903
  4. Kane v. WilliamsWisconsin Supreme Court · 1898
  5. Richards v. Land & River Improvement Co.Wisconsin Supreme Court · 1898

3Cited by6 opinions

  1. Shuput v. LauerWisconsin Supreme Court · 1982
  2. Vande Voort v. SternWisconsin Supreme Court · 1962
  3. Marling v. MaynardWisconsin Supreme Court · 1906
  4. Wenzel & Henoch Construction Co. v. Town of WauwatosaWisconsin Supreme Court · 1937
  5. Wisconsin National Loan & Building Ass'n v. PrideWisconsin Supreme Court · 1908

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