25 Wis. 510 | Wis. | 1870
This was an action to foreclose a mortgage, commenced in thé municipal court for the city and town of Ripon. The mortgaged premises were situated outside of the city and town of Ripon, being in the town of Metomen, in Pond du Lac county. The complaint is demurred to principally pn the ground that the municipal court has no jurisdiction of a foreclosure action, unless the land lies within the city or town of Ripon.
In the case of Lane v. Burdick, 17 Wis. 92, this court had occasion to put a construction upon the act (chap. 302, Private and Local Laws of 1861) creating the municipal court of the city and town of Ripon. That was an action commenced in that court to recover for work done by the plaintiff for the defendant upon a special contract. Jt was stipulated in the case, that, at the commencement of the action, the defendant was a resident and householder of the town of Grreen Lake, ■in the county of Grreen Lake, and that the plaintiff was not and never had been a resident of the city and town of Ripon. And it was objected that the court had no jurisdiction to try the action. But this objection was overruled, this court holding that unless the' defendant demanded a change, and caused the action to be removed
The decision in Lane v. Burdick is decisive of the question of jurisdiction presented in. the case at bar. This is clearly so unless it can be said that the law of 1862, (chap. 243), restricts the jurisdiction of the municipal court in foreclosure actions to cases where the land lies within the city and town of Ripon. But we do not think this to be the effect of that statute. The first section of that act provides that all actions commenced in any court for the foreclosure of a mortgage shall be commenced and determined in the county where the
Where the defendant, in a foreclosure action pending in the circuit court of Pond du Lac, applied for a change of the place of trial on account of the prejudice of the judge, the cause would be sent to the municipal court. Sec. 25, ch. 302. And, by giving the defendant the right to remove the cause when the mortgaged property was situated without the limits of the city and town of Ripon, the objection that the jurisdiction of the municipal court might otherwise exceed that of the circuit court in this class of- cases would be obviated.
The other objection taken in the demurrer, that several causes of action are improperly united, is so clearly untenable as to require'no answer. See ch. 243,. Laws of 1862.
• By the Court. —The order of the municipal court overriding the demurrer is affirmed.