Stilwell v. Kellogg
Wisconsin Supreme Court
APPEAL from the Circuit Court for Green Lake County. Action against Sarah O. M. Kellogg and Edwin Kellogg to foreclose a -mortgage given by said Sarah to secure two negotiable notes made by said Edwin, which, with the mortgage, had been assigned to the plaintiffs before due. The complaint also demanded a personal judgment against the defendant Edwin for any deficiency.
Read the full summary
APPEAL from the Circuit Court for Green Lake County. Action against Sarah O. M. Kellogg and Edwin Kellogg to foreclose a -mortgage given by said Sarah to secure two negotiable notes made by said Edwin, which, with the mortgage, had been assigned to the plaintiffs before due. The complaint also demanded a personal judgment against the defendant Edwin for any deficiency. The answer of the defendant Sarah alleged that at the time of the execution of the notes and mortgage she was the wife of said Edwin ; notes were given for part of the purchase money of certain lots for which the payees of the…
1Opinion of the Court
By ^e Court,
Paine, J.
The demurrer to tbe reply was properly stricken off, as it was not served in time. Still bad it involved tbe justice of tbe case, tbe court might have allowed tbe pleading to be then served on proper terms. But it seems to have been of no importance, as tbe reply was merely a general denial of the allegations in the answer.
Tbe defendant demanded a trial by jury, which was refused. It is well understood that tbe provision in tbe constitution preserving tbe jury trial did not extend it to equity cases, in which tbe party has never been held entitled to a jury trial as a…
2Cases cited7 opinions
- Tims v. StateSupreme Court of Alabama · 1855
- Ross v. IrvingIllinois Supreme Court · 1852
- Croft v. BunsterWisconsin Supreme Court · 1859
- Gaston v. BabcockWisconsin Supreme Court · 1858
- Dutton v. IvesMichigan Supreme Court · 1858
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Attorney General v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
- Bennett v. StateWisconsin Supreme Court · 1883
- McCoy v. McCoySupreme Court of Oklahoma · 1911
- State ex rel. Jackson v. KennieMontana Supreme Court · 1900
- Crocker v. StateWisconsin Supreme Court · 1884
16 more not listed; retrieve them via the Exa API.