74 Wis. 530 | Wis. | 1889
This motion to set aside the sale of the Eau Claire lands, and the judgment for deficiency, was not made until more than nine months after such sale, and-more than eight years and a half after the entry of such-judgment, and more than eleven years and a half after a trial upon the merits and the rendition of the foreclosure judgment. The grounds for such motion consist in part of facts said to have existed prior to such foreclosure judgment, and in part of facts said to have transpired after-wards, and particularly an alleged settlement made in, April, 1879,' — some ten months prior to the entry of such judgment for deficiency. Certainly such motion could not be made to perform the office of an appeal. This has frequently been decided by this court. The affidavits and proofs presented on the hearing were very voluminous and conflicting, and others were to be filed in case of a hearing upon the merits. These things being so, it would have been improper to have determined the controversy
By the Court.— The order of the circuit court is affirmed.