Pratt v. Frear
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Roclo County. Tbe facts are stated sufficiently in tbe opinion of tbe court. argued that tbe petitioner stood in tbe same situation in wbieb tbe ants Brear and Winters would have stood, if there bad been no assignment of tbe judgment, and could make any motion in tbe case wbieb they could bave made.. Tbe petitioner is privy to their interest. Bouv. Die. “ Stranger2 Blacks. Com., 356; 1 Greenl. Ev., §§ 23, 189, 190, 211; Knowltonvs.
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APPEAL from tbe Circuit Court for Roclo County. Tbe facts are stated sufficiently in tbe opinion of tbe court. argued that tbe petitioner stood in tbe same situation in wbieb tbe ants Brear and Winters would have stood, if there bad been no assignment of tbe judgment, and could make any motion in tbe case wbieb they could bave made.. Tbe petitioner is privy to their interest. Bouv. Die. “ Stranger2 Blacks. Com., 356; 1 Greenl. Ev., §§ 23, 189, 190, 211; Knowltonvs. Kay, 4 Wis., 288. Is be then to be treated as a stranger to tbe record ? Tbe judgment of a court of competent jurisdiction is…
1Opinion of the Court
By the Court,
Cole, J.
This is an appeal from an order tbe circuit court of Rock county, refusing to set aside and vacate a judgment of foreclosure and sale. Tbe action was commenced by tbe respondent Pratt, in December, 1858, to foreclose a mortgage given by Pixley. Erear & Winters, partners in trade in New York, on tbe 6tb day of October, 1857, obtained a judgment in the United States district court for Wisconsin, against tbe defendant Pixley, for tbe sum of $772 49. On tbe same day, Aaron S. Bright obtained a judgment against said Pixley, in tbe same court, for $461 89. These judgments were…
2Cited by2 opinions
- Mueller v. BrighamWisconsin Supreme Court · 1881
- American Loan & Trust Co. v. Atlanta Electric Ry. Co.U.S. Circuit Court for the Northern District of Georgia · 1899