Hale v. Haselton
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bock County. Action on a note and mortgage executed by Haselton to the plaintiff in August, 1858, for $500, with interest at 12 per cent. Defense, usury. The facts will appear from the opinion.
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APPEAL from the Circuit Court for Bock County. Action on a note and mortgage executed by Haselton to the plaintiff in August, 1858, for $500, with interest at 12 per cent. Defense, usury. The facts will appear from the opinion. The circuit court found that $10 was paid by defendant and received by plaintiff as a bonus, in addition to the highest rate of interest allowed by law ; and beld that plaintiff, -under the statute in force at the time of the loan, could not recover any interest, but only the balance of the principal sum due after applying all payments to the reduction thereof; and…
1Opinion of the CourtCole, J.
It was objected on the argument, that there was no proper bill of exceptions in this case. It seems that the bill of exceptions was settled and signed by Judge Noggle after his term of office had expired. And it is said that a circuit judge, after his term of office expires, has no right or authority to settle a bill of exceptions in a case tried before him.
*322In Fellows v. Tait, 14 Wis., 156, it was stated that the practice in this state has been, for the person before whom a canse was tried to settle the bill of exceptions, although he was no longer jndge. We cannot perceive any valid…
2Cases cited2 opinions
- Phelps, Dodge & Co. v. C. B. Conant & Co.Supreme Court of Vermont · 1858
- Fellows v. TaitWisconsin Supreme Court · 1861
3Cited by7 opinions
- M. K. & T. Railway Co. v. City of Fort ScottSupreme Court of Kansas · 1875
- Schriber v. LeClairWisconsin Supreme Court · 1886
- Friedman v. Wisconsin Acceptance Corp.Wisconsin Supreme Court · 1927
- State ex rel. Cressman v. BarnesNebraska Supreme Court · 1884
- Burnett v. DavisSupreme Court of Oklahoma · 1910
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