Citizens Loan & Trust Co. v. Witte
Cases that cite this one
4 later published cases cite this decision.
- Yorgan v. Durkin (Wis. 2006)
- Hertz Corp. v. Red Rooster Cheese Co. (Wis. 1972)
- D'ANGELO v. Cornell Paperboard Products Co. (Wis. 1963)
- Mueller v. Northwestern Iron Co. (Wis. 1905)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The ground of demurrer argued is that the allegations of the complaint are not sufficient to justify a personal judgment for deficiency against Otto and Katherine Witte. Such consideration is, however, wholly immaterial. The complaint abundantly alleges that they have rights in the mortgaged premises which plaintiff, as the owner of the mortgage, is entitled to have barred and foreclosed by the judgment and sale thereunder. This constitutes a cause of action against these respondents, and the demurrer should' have been overruled, notwithstanding other relief is demanded, even if the plaintiff is not entitled to that additional relief,— a question which we do not consider or pass upon. Prayer for excessive relief does not render the complaint demurrable. Moritz v. Splitt, 55 Wis. 441; Scheibe v.
By the Court.— Order appealed from is reversed, and cause remanded with directions to overrule the demurrer.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.