Best v. Davis
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Action to foreclose a mortgage. On the trial, the plaintiff offered in evidence, among other things, a notice of lis pendens, to which there was attached an affidavit of one of the plaintiff’s attorneys, stating that, on &c., he filed a notice, of which that was a copy, in the office of the register of deeds of said county; and also a certificate of the register of deeds of said county, which stated that, on &c., there was…
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APPEAL from the Circuit Court for Milwaukee County. Action to foreclose a mortgage. On the trial, the plaintiff offered in evidence, among other things, a notice of lis pendens, to which there was attached an affidavit of one of the plaintiff’s attorneys, stating that, on &c., he filed a notice, of which that was a copy, in the office of the register of deeds of said county; and also a certificate of the register of deeds of said county, which stated that, on &c., there was filed in his office “ a notice of pendency of which the within is a true copy.” “To the introduction in evidence of such…
1Opinion of the Court
By the Court,
Dixon, C. J.
Tbe objection to tbe form of tbe register’s certificate is too vague and uncertain to be available in this court. It is, in general terms, to tbe introduction of tbe notice of pendency of action, without specifying any ground upon which it is made. It should be specific, and clearly point out tbe defect complained of, in order that tbe opposite party may, if be can, remedy it upon tbe trial below. In most cases, the opposite party bas it in his power to- obviate such defects at tbe trial. They are usually tbe result of clerical mistakes or oversights, and it would be…
2Cited by4 opinions
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- Kollock v. ParcherWisconsin Supreme Court · 1881
- State ex rel. Swenson v. NortonWisconsin Supreme Court · 1879
- Evans v. SpragueWisconsin Supreme Court · 1872