Bange v. Flint
Wisconsin Supreme Court
APPEAL from the Circuit Court for Crawford County. Action (commenced in La Crosse county in June, 1866) to foreclose a mortgage given by Flint, July 11, 1854, to the -La Crosse & Milwaukee Railroad Company, to secure payment of his note of same date for $200, payable to the order of the company, and due January 1, 1864. The note and mortgage were attached by the railroad company to its own bond (payable to the holder) for the same amount, and transferred therewith.
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APPEAL from the Circuit Court for Crawford County. Action (commenced in La Crosse county in June, 1866) to foreclose a mortgage given by Flint, July 11, 1854, to the -La Crosse & Milwaukee Railroad Company, to secure payment of his note of same date for $200, payable to the order of the company, and due January 1, 1864. The note and mortgage were attached by the railroad company to its own bond (payable to the holder) for the same amount, and transferred therewith. That part of the bond which is important here was in the following form, the blanks being appropriately filled: “And for the…
1Opinion of the CourtCole, J.
The circuit court seemed to suppose that, in subsequent decisions, this court had intimated a doubt as to the correctness of the decision in Crosby v. Roub, 16 Wis. 616, and that, until the principle of that case was re-affirmed, the inferior courts were at liberty to treat the question there decided as an open one. This certainly is a misapprehension, so far as the views of the members of this court are concerned. We have not intended, in any subsequent cases, to cast a doubt upon the soundness of the decision in Crosby r>. Houb; neither have we deemed it necessary to re-affirm that case,…
2Cases cited5 opinions
- Swift v. TysonSupreme Court of the United States · 1842
- Crosby v. RoubWisconsin Supreme Court · 1863
- Gould v. SegeeThe Superior Court of New York City · 1856
- Shufeldt v. PeaseWisconsin Supreme Court · 1863
- Franklin v. TwogoodSupreme Court of Iowa · 1865
3Cited by9 opinions
- Thorp v. MindemanWisconsin Supreme Court · 1904
- Maxwell v. HartmannWisconsin Supreme Court · 1881
- Kinney v. KruseWisconsin Supreme Court · 1871
- Murphy v. DunningWisconsin Supreme Court · 1872
- Carey v. DyerWisconsin Supreme Court · 1897
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