Cord v. Southwell
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Milwaukee County. Action to foreclose a mortgage on lot 7, block 69, in Milwaukee, executed by the appellant, Southwell, to one Cooper, and assigned by bim to tbe plaintiff. Tbe complaint was in tbe usual form, and alleged, inter alia, that tbe mortgagor agreed by tbe terms of tbe mortgage to pay tbe taxes on said lot, and had failed to pay them.
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APPEAL from tbe Circuit Court for Milwaukee County. Action to foreclose a mortgage on lot 7, block 69, in Milwaukee, executed by the appellant, Southwell, to one Cooper, and assigned by bim to tbe plaintiff. Tbe complaint was in tbe usual form, and alleged, inter alia, that tbe mortgagor agreed by tbe terms of tbe mortgage to pay tbe taxes on said lot, and had failed to pay them. It did not allege that there was any covenant in tbe mortgage respecting solicitor’s fees, or any agreement on tbe part of tbe mortgagor to pay such fees. Southwell filed an answer, wbicb was not sustained by proof,…
1Opinion of the Court
By the Court,
DixqN, C. J.
There being no bill of exceptions, nothing comes up but such papers as properly constitute tbe judgment roll. Tbe evidence upon which tbe judgment, orders and other proceedings were founded, whether documentary or otherwise, does not constitute any part of the judgment roll, and consequently cannot be considered. Reid vs. Case, 14 Wis., 429. Among other papers, the statute declares that the roll shall contain all orders and papers in any way involving the merits and necessarily affecting the judgment. R. S., chap. 182, sec. 34. This, I think, includes the stipulation…
2Cases cited5 opinions
- Beattie v. QuaNew York Supreme Court · 1852
- Castro v. IlliesTexas Supreme Court · 1853
- Lyon ex dem. Eden v. WilkesNew York Supreme Court · 1823
- Hoffman v. SkinnerNew York Court of Chancery · 1836
- Reid v. CaseWisconsin Supreme Court · 1861
3Cited by35 opinions
- Board of Commissioners v. McIntoshSupreme Court of Kansas · 1883
- McInerney v. United StatesCourt of Appeals for the First Circuit · 1906
- State Ex Rel. State Bar of Wisconsin v. Bonded Collections, Inc.Wisconsin Supreme Court · 1967
- Ernst v. SteamerWisconsin Supreme Court · 1869
- Donkle v. MilemWisconsin Supreme Court · 1894
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