McBride v. Wright
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grant County. On March 1; 1887, the plaintiff obtained a judgment in the usual form for the foreclosure of a mortgage executed by the defendants J. M. and Mary E. Wright on lands in Grant and La Fayette counties.
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APPEAL from the Circuit Court for Grant County. On March 1; 1887, the plaintiff obtained a judgment in the usual form for the foreclosure of a mortgage executed by the defendants J. M. and Mary E. Wright on lands in Grant and La Fayette counties. The judgment recites due filing of notice of the pendency of the action in the office of the register of deeds of Grant county after filing the complaint and more than twenty days before judgment, but the record is silent as to the filing of such notice in the proper office in La Fayette county. At a subsequent term of the court, and nearly a year…
1Opinion of the CourtLyon, J.
Assuming that the plaintiff failed to furnish proof before the judgment was entered that the notice of lis pendens was filed in due time in the proper office in La Faji-ette county, such failure does not render the judgment void, but is only an irregularity. If attacked collaterally, the judgment would be held valid. Manning v. McClurg, 14 Wis. 350. If there is error in the judgment, it is error committed by the court. In such a case it was held in Ætna L. Ins. Co. v. McCormick, 20 Wis. 265, that the trial court has no power to vacate the judgment for such an error at a term subsequent to…
2Cases cited5 opinions
- Ætna Life Insurance v. McCormickWisconsin Supreme Court · 1866
- Webb v. MeloyWisconsin Supreme Court · 1873
- Sage v. McLaughlinWisconsin Supreme Court · 1874
- Manning v. McClurgWisconsin Supreme Court · 1861
- Spraggon v. McGreerWisconsin Supreme Court · 1861
3Cited by3 opinions
- Federal Land Bank v. OlsonWisconsin Supreme Court · 1941
- Hailey v. ZachariasWisconsin Supreme Court · 1968
- State ex rel. Fuller v. Circuit Court for Waukesha CountyWisconsin Supreme Court · 1900