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10 Wis. 370

Sauer v. Steinbauer

Wisconsin Supreme Court

Decided January 4, 1860

Wisconsin Supreme Court · decided 1860-01-04

This action was brought by Ferdinand Sauer against Charles Steinbauer, to foreclose a mortgage on which one of three payments had become due, and the others to become due; on which judgment was entered for the whole amount, and for an absolute sale of the mortgaged premises. From which the defendant appealed to this court.

Cited by 1 later decisions — most recently March 1901

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1860-01-04

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¶1By the Court,

Paine, J.

¶2The single question presented on this appeal is, whether, in a judgment of foreclosure and sale, where some of the instalments are yet to become due, it is necessary to insert the provisions of the statute, that if the money is paid before sale, the proceedings should be stayed. The point has been decided in fhe affirmative by this court, in Howe vs. English, 6 Wis., 262, and that decision was again followed in Wood et al. vs. Trask et al., 7 id., 566. And whatever might be the opinion of the court as now constitu*371ted, were the question now first presented, yet we do not feel inclined to disturb an express decision of the court upon a matter which is only one of form. Having been decided, if is as easy for attorneys to conform to that decision in drawing their judgments, as to follow any other established form. And if, whenever a change occurs upon the bench, prior decisions upon questions of practice should be changed to suit the opinions of new judges, the practice never would be settled.

¶3The judgment is reversed with costs and the cause remanded, with directions to enter a judgment in accordance with this opinion.

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