Slocum v. Carlton
Wisconsin Supreme Court
APPEAL from the late District Court for Racine County. The bill was filed for the foreclosure of a mortgage, to which the defendant (the appellant here) interposed a demurrer which was adjudged frivolous, ana upon that brought his appeal to this court. This court regarding the procedure of the appellant as vexatious and for delay, and without any special equity affirmed the decree made by the court below, and awarded damages.
1Opinion of the CourtStow, C. J.
Tbe bill in this case was for tbe foreclosure of a mortgage ; tbe defendant interposed a frivolous demurrer, which having been overruled, and be neglecting to answer, a decree jyro confesso was taken. From this decree tbe defendant has appealed to this court.
I do not understand that it is pretended that tbe decree ought to be reversed, and tbe only question with us is, with what penalty it shall be affirmed. Tbe appeal has evidently been brought, either for tbe purpose of annoying tbe complainant, or for delay, and in either case tbe defendant should be subjected to tbe highest penalty which…
2Cited by2 opinions
- Perkins v. JacobsWisconsin Supreme Court · 1898
- Kelly v. West Wisconsin Railway Co.Wisconsin Supreme Court · 1875