Legal Opinion

Pereles v. Leiser

Wisconsin Supreme Court

Decided October 20, 1903PublishedCited by 12 opinions

Appeal from an order and a judgment of tbe superior uourt of Milwaukee county: Obeew T. Williams, Judge. An action by respondents’ testator, commenced on August 24, 1900, to foreclose a real estate mortgage executed by Sarah Leiser, deceased, on or about the 15th day of April, 1892. The debt secured was evidenced by a note of the same date, due three years, thereafter.

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Appeal from an order and a judgment of tbe superior uourt of Milwaukee county: Obeew T. Williams, Judge. An action by respondents’ testator, commenced on August 24, 1900, to foreclose a real estate mortgage executed by Sarah Leiser, deceased, on or about the 15th day of April, 1892. The debt secured was evidenced by a note of the same date, due three years, thereafter. The plaintiff became the owner of the note and mortgage, for a valuable consideration, on the 30th day of June, 1900. No part of the principal sum has ever been paid on this note, and this action is brought to foreclose the…

1Opinion of the CourtSiebecKER, J.

Appellant appeared by counsel in this action November 23, 1901, immediately after the sale of the premises under the foreclosure judgment. He moved upon the record, proceedings, and by petition that the order in the judgment for a judgment of deficiency be disregarded, on the ground that no personal liability existed on the note at the time of the commencement of this action, and that the order in the foreclosure judgment for a judgment for any deficiency should therefore be disregarded and treated as of no effect. On January 6, 1902, after hearing plaintiff for the entry of a judgment for…

2Cases cited5 opinions

  1. Eingartner v. Illinois Steel Co.Wisconsin Supreme Court · 1899
  2. Carpenter v. MurpheyWisconsin Supreme Court · 1883
  3. Duecker v. GoeresWisconsin Supreme Court · 1899
  4. Woodman v. FultonMississippi Supreme Court · 1873
  5. Winter v. WinterWisconsin Supreme Court · 1899

3Cited by12 opinions

  1. Haase v. SawickiWisconsin Supreme Court · 1963
  2. State v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1907
  3. Harris v. HalversonWisconsin Supreme Court · 1927
  4. Laffitte v. City of SuperiorWisconsin Supreme Court · 1910
  5. Cronin v. Gager-Crawford Co.Supreme Court of Connecticut · 1941

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