Vandyke v. Weil
Wisconsin Supreme Court
APPEAL from the Circuit Court for Washington County. This was an action founded upon an undertaking on appeal. The plaintiff’s intestate, in 1859, obtained in the circuit court for Milwaukee county, a judgment against Baruch S. Wiel, Eliza Adelaide Wiel, bis wife,. and others, foreclosing a mortgage and directing a sale of the mortgaged premises, and also that said Baruch S. and Eliza A. Weil should pay the amount of any deficiency in the proceeds of the sale.
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APPEAL from the Circuit Court for Washington County. This was an action founded upon an undertaking on appeal. The plaintiff’s intestate, in 1859, obtained in the circuit court for Milwaukee county, a judgment against Baruch S. Wiel, Eliza Adelaide Wiel, bis wife,. and others, foreclosing a mortgage and directing a sale of the mortgaged premises, and also that said Baruch S. and Eliza A. Weil should pay the amount of any deficiency in the proceeds of the sale. The defendants last named appealed from this judgment; and thereupon the defendants in this action, to wit, Baruch S. Weil, as…
1Opinion of the Court
By the Court,
Dixoír, 0. J.
Tbe stipulation for judgment is not a waiver of the plaintiff’s right to appeal. Tbe object of the stipulation manifestly was to fix tbe amount of costs and to waive notice of tbe taxation and entry, and it would be *280most unjust to extend it by implication so as so cut off any other right or privilege.
Note. — On a motion for a rehearing, the counsel forthe respondents argued that the condition of the undertaking was that the judgment appealed from should be affirmed; that the judgment in this case was not affirmed but modified (comp. R. S., ch. 139, sec. 7); and that…
2Cited by7 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Smith v. LockwoodWisconsin Supreme Court · 1874
- Bem v. ShoemakerSouth Dakota Supreme Court · 1895
- Sutro v. BigelowWisconsin Supreme Court · 1872
- Louis K. Liggett Co. v. MorrisIndiana Court of Appeals · 1931
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