Williams v. Ely

By the Court,

DixoN, C. J.

Tbis is an appeal from an order of tbe circuit court of Bock county staying the appellant’s proceedings upon a judgment of foreclosure and sale. It appears that the judgment was rendered on the 1st day of July, 1859, and that the mortgaged premises were advertised to be sold on the 12th of June last. On the 1st day of June, the defendant Ely, by Ms attorney, upon affidavit that he had enlisted in the active militia and was then in the service of the state of Wisconsin or of the United States, applied to the court for a stay of proceedings under the “act to declare the…