State ex rel. Fuller v. Circuit Court for Waukesha County
Wisconsin Supreme Court
CERTIORARI to review an order of the circuit court for Waukesha county: Ja:mes J. Dice, Circuit Judge. In 1898 the relators commenced an action in the circuit court for Waukesha county to foreclose a mortgage given by one Mary E. Walsh. The complaint was filed in the •clerk’s office on August 13, 1898, and the notice of lis pen-derás was filed with the register of deeds on the same day.
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CERTIORARI to review an order of the circuit court for Waukesha county: Ja:mes J. Dice, Circuit Judge. In 1898 the relators commenced an action in the circuit court for Waukesha county to foreclose a mortgage given by one Mary E. Walsh. The complaint was filed in the •clerk’s office on August 13, 1898, and the notice of lis pen-derás was filed with the register of deeds on the same day. The defendant being in default, judgment of foreclosure was duly entered on September 2,1898. A sale thereunder was duly made November 11, 1899, and confirmed December 16, 1899. On January 9, 1900, the…
1Opinion of the CourtBardeeN, J.
One reason urged why the writ herein should be quashed is that the plaintiffs have an adequate remedy by appeal, under subd. 2, sec. 3069, Stats. 1898. What is said by the court in Ledebuhr v. Grand Grove W. O. D. 97 Wis. *79341, is a sufficient answer to that contention. The order is not appealable under subd. 3, because no application was made to set aside the defendant’s default, and no new trial was granted. There being no adequate remedy in this direction open to the parties, there is no perceivable reason why the action of the circuit court may not be reviewed in this proceeding, if it be…
2Cases cited10 opinions
- State ex rel. Fourth National Bank of Philadelphia v. JohnsonWisconsin Supreme Court · 1899
- Ætna Life Insurance v. McCormickWisconsin Supreme Court · 1866
- Bassett v. BassettWisconsin Supreme Court · 1898
- Packard v. Kinzie Avenue Heights Co.Wisconsin Supreme Court · 1900
- Ledebuhr v. Grand Grove of Wisconsin of the Order of DruidsWisconsin Supreme Court · 1897
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3Cited by3 opinions
- Moore v. HahnSouth Dakota Supreme Court · 1937
- Hailey v. ZachariasWisconsin Supreme Court · 1968
- State ex rel. Umbreit v. HelmsWisconsin Supreme Court · 1908