Williams v. Williams
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Milwaukee county: LaweeNOe W. Halsey, Circuit Judge. On January 29, 1902, tbe plaintiff commenced tbis action to foreclose a mortgage on wbicb sbe alleged there was due $150, and interest from January 5, 189J, at six per cent.
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Appeal from an order of tbe circuit court for Milwaukee county: LaweeNOe W. Halsey, Circuit Judge. On January 29, 1902, tbe plaintiff commenced tbis action to foreclose a mortgage on wbicb sbe alleged there was due $150, and interest from January 5, 189J, at six per cent. On tbe following day, January 30tb, tbe defendant Margaret F. Bchutz, tbe owner of tbe equity of redemption in tbe mortgaged premises, paid into court tbe sum of $196 for tbe use of'tbe plaintiff, to satisfy tbe mortgage debt, and gave notice of a motion for an order that tbe action be dismissed without costs, that tbe…
1Opinion of the Court
The following opinion was filed January 13, 1903:
Dodge, J.
Appellant attacks the procedure culminating in the order appealed from as if respondents had attempted by affidavit to establish the fact of tender as a defense and sought a judgment of dismissal on the merits. Were such the situation presented, there could be no doubt that the proceeding would be improper and erroneous. A defendant cannot set up a mere defense by affidavit and ask summary decision thereon. He must join issue, either by demurrer or answer, — the only pleadings permitted him by statute, — and,if that issue be one of…
2Cases cited7 opinions
- Haley v. Eureka County BankNevada Supreme Court · 1891
- Merritt & Dyckman v. LyonCourt for the Trial of Impeachments and Correction of Errors · 1836
- Noonan v. OrtonWisconsin Supreme Court · 1872
- Allen v. LewisSupreme Court of Alabama · 1883
- Ledebuhr v. Wisconsin Trust Co.Wisconsin Supreme Court · 1902
2 more not listed; retrieve them via the Exa API.
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- McGowan v. PaulWisconsin Supreme Court · 1914