Driscoll v. Tillman
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Milwaukee county: Oscae, M. Feitz, Circuit Judge. September 25, 1909, a deficiency judgment was entered against tbe defendant Glemens W. Tillman in tbis action foreclosing a mortgage on land previously conveyed-to bim by a deed reciting that be assumed and agreed to pay tbe mortgage! The, defendant Tillman was not served witb either summons or complaint and made no appearance.
Read the full summary
Appeal from an order of tbe circuit court for Milwaukee county: Oscae, M. Feitz, Circuit Judge. September 25, 1909, a deficiency judgment was entered against tbe defendant Glemens W. Tillman in tbis action foreclosing a mortgage on land previously conveyed-to bim by a deed reciting that be assumed and agreed to pay tbe mortgage! The, defendant Tillman was not served witb either summons or complaint and made no appearance. Sometime in March, 1912, be first learned of tbe existence of tbe deficiency judgment, and on February 10, 1916, be obtained an order to show cause why tbe deficiency…
1Opinion of the CourtVinje, J.
The fact that no service was made on the petitioner is clearly shown by the proof and such finding is not questioned by the plaintiff. But he claims that the petitioner made a general appearance in the action when he came in and asked for the relief demanded in the petition as amended, based upon the allegations thereof to the effect that the mortgaged premises were sold for an inadequate price and that had petitioner known of the sale he could have protected himself. The answer did not admit these allegations and it contained a general denial, so the pleadings technically made the inadequacy…
2Cases cited16 opinions
- Anderson v. CoburnWisconsin Supreme Court · 1871
- Pollard v. WegenerWisconsin Supreme Court · 1861
- Stein v. BenedictWisconsin Supreme Court · 1892
- Grantier v. RosecranceWisconsin Supreme Court · 1871
- Alderson v. WhiteWisconsin Supreme Court · 1873
11 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Rorick v. StilwellSupreme Court of Florida · 1931
- Tanck v. Clerk, Middleton Joint School District No. 3Wisconsin Supreme Court · 1973
- Najdowski v. RansfordMichigan Supreme Court · 1929
- Bitter v. Gold Creek Mining Co.Wisconsin Supreme Court · 1937
- Nutrena Mills, Inc. v. Parsons Feed & Farm Supply, Inc.Supreme Court of Arkansas · 1962
8 more not listed; retrieve them via the Exa API.