Cornell v. Davis

Decided January 15, 1863

Wisconsin Supreme Court · decided 1863-01-15

Action to foreclose a mortgage, the complaint containing all the allegations usual in such a case. The defendant demurred, assigning all the causes allowed by law, and the plaintiff obtained judgment on account of the frivolousness thereof, and the defendant appealed.

Good law ✅— No negative treatment on recordhow we know

Decided 1863-01-15

How this case has been cited

Cited by 5 later decisions — most recently December 1925

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1By the Court,

Paine, J.

¶2This is an appeal from a foreclosure judgment. The record shows a demurrer to the complaint, assigning all the reasons which the statute allows. It was clearly frivolous, and was so adjudged by the court below.

¶3The question which the appellant’s counsel intended to present here, is not presented for want of a bill of exceptions.

¶4He moved the court below to dismiss the complaint, because no copy of it bad been served after a demand, which facts were shown by an affidavit. But this being an appeal from the judgment, and there being no bill of exceptions the affidavit and motion papers are no part of the record, and we cannot loot into them.

¶5The judgment is affirmed, with costs.