Bostwick v. Van Vleck
Wisconsin Supreme Court
Appeals from, orders and a judgment of the superior court of Douglas county: Chaeles Smith, Judge. The action ivas for the foreclosure of a mortgage on three parcels of real estate, one described as “ the east half of the west half of the northeast quarter of the northeast quarter, being ten acres of section 34, town 48, range 15 west, in 'Douglas county, "Wisconsin.” The description in the complaint was correct.
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Appeals from, orders and a judgment of the superior court of Douglas county: Chaeles Smith, Judge. The action ivas for the foreclosure of a mortgage on three parcels of real estate, one described as “ the east half of the west half of the northeast quarter of the northeast quarter, being ten acres of section 34, town 48, range 15 west, in 'Douglas county, "Wisconsin.” The description in the complaint was correct. Such proceedings were duly had that a judgment of foreclosure and sale was ordered in accordance with the complaint. In the draft for the judgment, signed pursuant to the aforesaid…
1Opinion of the CourtMaeshall, J.
The only assignment of error argued on the appeal of defendant Van Vleek is that the sale was prematurely made; that the corrected judgment was a new judgment, and that the plaintiff should have waited one year before causing the property to be sold under it, as required by sec. 3162, Stats. 1898.
The amendment did not make a new judgment. It merely corrected the written evidence of the judgment actually rendered so as to conform to the truth. The judgment pronounced by the court was what governed. That was not changed by the amendment. The difficulty grew out of a mere clerical error which it…
2Cases cited1 opinion
- Packard v. Kinzie Avenue Heights Co.Wisconsin Supreme Court · 1900
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