Wiesner v. Kosiedowski
| Decision Date | 12 February 1924 |
| Parties | JOHN WIESNER AND EMMA WIESNER, PLAINTIFFS AND RESPONDENTS, v. PETER KOSIEDOWSKI ET AL., DEFENDANTS AND APPELLANTS. |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Circuit Court, Milwaukee County.
On reargument. For former opinion, see 193 N. W. 374.
*208E. G. Rahr and H. O. Wolfe, both of Milwaukee, for appellants.
Kaumheimer & Kenney, of Milwaukee, for respondents.
On reargument. Motions for rehearing having been granted, briefs have been submitted, and the case reargued. Upon reconsideration we are not disposed to depart from the conclusions we reached originally. Cases have been cited to our attention, particularly cases from the state of Iowa, beginning with Mixer v. Bennett, 70 Iowa, 329, 30 N. W. 587, and ending with Roberts v. Roberts, 176 Iowa, 610, 156 N. W. 399, which appear to adopt a contrary view. Upon the reargument, it was suggested that the fact that the indebtedness was due might be established by reference to the terms of the mortgage, which provides that, in the event of the failure to pay the interest or taxes, the whole amount of the indebtedness may be declared to be due. Upon this aspect of the case we express no opinion, as no attempt has been made to exercise any rights under that clause of the mortgage.
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