Legal Opinion

Smith v. Carter

Wisconsin Supreme Court

Decided January 11, 1910PublishedCited by 18 opinions

Appeal from a judgment of the 'circuit court for Rock county: Geoege Geimm, Circuit Judge. This action, commenced in August, 1882, was to redeem from certain mortgages Held by one Guy Carter on a valuable farm which had been-delivered over to him in 1872 to apply the rents and profits to the taxes ,and to the interest and principal of those mortgages; also to clear the title from those mortgages and from certain tax deeds and liens thereon fraudulently acquired by said…

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Appeal from a judgment of the 'circuit court for Rock county: Geoege Geimm, Circuit Judge. This action, commenced in August, 1882, was to redeem from certain mortgages Held by one Guy Carter on a valuable farm which had been-delivered over to him in 1872 to apply the rents and profits to the taxes ,and to the interest and principal of those mortgages; also to clear the title from those mortgages and from certain tax deeds and liens thereon fraudulently acquired by said Carter, who had died shortly before the commencement of the action. The ease was (January, 1883) referred to one Phelps to…

1Opinion of the Court

The following opinion was filed October 26, 1909:

Dodge, J.

In the record of this ease, which has witnessed the demise of at least five circuit judges connected therewith and of the referee who tried it, the circuit court found evidence of such laches and neglect on the part of the plaintiff as in its judgment rendered it improper that the action should further cumber the dockets, obstruct other business, and harass the defendants. While there are apparent many acts on the part of the defendants tending to excuse some of the periods of delay, and while dilatory action on the part of the court…

2Cases cited2 opinions

  1. Williams v. WilliamsWisconsin Supreme Court · 1903
  2. Saveland v. ConnorsWisconsin Supreme Court · 1904

3Cited by18 opinions

  1. Schneller v. St. Mary's Hospital Medical CenterWisconsin Supreme Court · 1991
  2. Latham v. Casey & King Corp.Wisconsin Supreme Court · 1964
  3. Marshall-Wisconsin Co. v. Juneau Square Corp.Wisconsin Supreme Court · 1987
  4. Trispel v. HaeferWisconsin Supreme Court · 1979
  5. Prahl v. BrosamleCourt of Appeals of Wisconsin · 1987

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