Kunze v. Kunze

Decided February 2, 1897

Wisconsin Supreme Court · decided 1897-02-02

•Appeal from an order of the circuit court for Fond du Lac county: N. S. Gilson, Circuit Judge. The case is stated in the opinion. contended that the right to file a notice of Us pendens was an absolute right. Niebuhr v. Sohreyer, 13 Daly (N. Y.), 546. The statutes of this state give no authority to cancel a Us pendens except for a failure for one year to serve the summons. S. & B. Ann. Stats, sec. 3187; sec. 1, ch. 19, Laws of 1893.

Cited by 1 later decisions — most recently November 1898

1 state decisions

Relies on Kunze v. Kunze

Good law ✅— No negative treatment on recordhow we know

Appeal dismissed · Decided 1897-02-02

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Winslow, J.

¶1The plaintiff brought an action to enforce a money judgment obtained in another state (Kunze v. Kunze, 94 Wis. 54), and filed a- notice of pendency of action in the office of the register of deeds, stating that the action affected the title to certain described real estate owned by the defendant. The circuit court, upon motion, vacated and set aside the Us pendens, and the plaintiff appealed. The-appeal must be dismissed. The order is not appealable,, under ch. 212, Laws of 1895.

¶2By the Court.— Appeal dismissed.

¶3A motion by the appellant to offset the judgment for costs in her favor on the former appeal against the judgment herein was granted April 7, 1897.