Guaranteed Investment Co. v. Van Metre
Wisconsin Supreme Court
' Appeal from an order of the circuit court for Oneida county: A. H. Reid, Circuit Judge. Ejectment for twelve parcels of land. The action is by a tax-title holder against the original owners. At the trial it was orally stipulated that the plaintiff’s tax titles were good as to six parcels and invalid as to the remaining six.
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' Appeal from an order of the circuit court for Oneida county: A. H. Reid, Circuit Judge. Ejectment for twelve parcels of land. The action is by a tax-title holder against the original owners. At the trial it was orally stipulated that the plaintiff’s tax titles were good as to six parcels and invalid as to the remaining six. On this stipulation, without the introduction of any evidence on tbe subject of title, tbe court entered an order for judgment March 27, 1912, fixing tbe amount of taxes and interest due tbe plaintiff on tbe six. invalid tax titles and requiring’ tbe deféndants to pay…
1Opinion of the CourtWiNslow, C. J.
Five questions are presented, viz.: (1) Was tbe defendants’ right to a new trial under sec. 3092, Stats., waived by the oral stipulation made on the trial? (2) Was such right waived by the accepting of a quitclaim deed from the plaintiff of the six parcels adjudged to them ? (3) Had the court power in its discretion to extend the time for paying the costs and filing the undertaking after the time given by the statute had expired ? (4) If such discretionary power existed, was it abused? and (5) Was the payment of the costs into court a sufficient payment? These questions will be answered in…
2Cases cited5 opinions
- Ladd v. HildebrantWisconsin Supreme Court · 1870
- Wisconsin Marine & Fire Insurance Co. Bank v. MannWisconsin Supreme Court · 1898
- Whereatt v. EllisWisconsin Supreme Court · 1887
- Dickinson v. SmithWisconsin Supreme Court · 1909
- Hewitt v. Wisconsin River Land Co.Wisconsin Supreme Court · 1892
3Cited by2 opinions
- Harris v. SpeirsUtah Supreme Court · 1920
- Baker Land & Title Co. v. Bayfield County Land Co.Wisconsin Supreme Court · 1918