Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1861-04-06

sented Il. Senate and 4ssenJ,y, do enact Us 5ok
IouS:
SIC. l. In any action now pending or which
shall hereafter be commenced in any court in
ths state, to foreclose any mortgage, or en-,
force any instrument or contract made or Civ
en- by any person or persons, to any corpora
ton, in whole or IN part payment for subscrip-
tion to the capital stock of such corporation
or given in payment of such capital stock, in
whole or in part, or made with or given to any
person or persons for the benefit Of such c0rpo
ration, either in Paymen. as aforesaid or as
security for such payment, in which an issue
of fact shall be joined according to the course
of practice i'll said court, it sdall be the duty
of the court III which such actioa is or may be
pending, on the application Of either party to
appoint some suitable and proper person to
take all the testimony to be taken in this state
which either party may desire to give III such
action, and all such testimony which either
party may desire to use on the trial Of such
action, and the person so appointed to take
testimony shall take such testimony and re-
port the same TO the court, together with the
objections to questions propOunded or teStimO-
ny taken.
SEC. >. Upon the filing Of the report of such
testimony, either party may, upon ten DAYS no.
tice of motion to the opposite party, move the
court to strike out suppress any portion or
the whole OF said testimony, and the cOurt up-
on hearing said motion, shall, bY order, Sus-
tain or overrule the same in whole or in part
and either party may except in writing to said
order, within twenty days after service on am
of written notice thereof; which exception
shall be filed with the clerk Of the court, and
served on the opposite party. SO much of the
testimony reported as has not been or shall
no n .,fr i
shall be read as evidence Oh the trial Of said
iSsuC or issues; such report, order and cxemD-
touS shall form a part Of the record Of the
case, and upOn any appeal taken IL said action,
either before or after final Judgment, or upon
writ of error brought to reverse any final
judgment in said action, the same Shall be con
sidered by tie supreme court tho same as il
incorporated i'll bill of exceptions or case
made.
SEC. 3. Either party may appeal to the srl-
prcmc court flCn such order, by fling with
the clerk OF the court where such order WAS
made, aud serving upon the opposite party,
within the time now by law provided for such
appeal, Il notice in writing, s2ccifying the or
der or the patti thereof appealed from, and
such appeal sAa!l be stay Of all proceedings
in the action in which said appeal is taken, III
the court from which the appeal is ta ken, ui-
til the appeal shall be disposed Of and certi-
fled by the supreme court back to the court
below
SEC. 4 Any issue or issa,s of fact made or
joined III a ~ action mentioned IN this act,
shall, upon demand OF either party he tried by
jury, + opidet, such demand shall be made
before the reading OF any testimony IL said ac-
tion on the trial thereof
SEC D. In any such action aS IS mentioned
IN tiiS act, or III ANY action brought TO enforce
any SucA instrument or contract III writing rs
Is lhSh'lohed III TINS act, Il the defendants, or
cltneF Oh them, Shall set up fraud N obtaining
OF the same, or want OF conSideEation, sucH III
S'Tunleht sA"h oe deemed PfWt@ J"".e 10 Re
.'cio anu o"hru ol CHe pi"'hIH II SUcn ACTON,
Il owned at all with 1uI notice at the tlHle
SAID p!alntft obtained the same CT all equities
existing between the origina! parties thereto,
ana the oath OF the PLAINTIFF shall not be
deem Suihclent proof 20 remove SIch pre-
Sumption
nEc. y. IN any action mentioacd IN tins
ACT, II the Issue or issues shall, upon trial, be
lounu against the plaintlit, the judgment OF the
.eo"rG shaH be accordingly, and the pialatiff
Sl"li' III said Judgment, DC ordered ana ul9ect
Gu 10 SURRENDER 'he mortgage ana note, or oth-
CT lns'funheht or contract on which such ac-
'ion may De rounded, to be cancelled, ana Juo5-
S""l alSo oe rehucreu IN iaFoF ol t"e
e i'.>l+"' u "S '"c c.'Ho may "c'
~ 0oo''' anu oeto'e S"i' Ptaih.iAi snali prose
ou'e any "PpG'l CIeFel.oui' ne slah De reqoir-
eu TO nle sald note ana mortgage, or OF her Ia
strument or contract III writing on which SAID
acuon IS founded, Win the clerk OF sad court
anu sn"ii pay all costs adj judged ana taxed o!
taAaoie IN SAID action ana no appeal by SAID
p.ainti1 shall be deemed perfected until such
ming and payment.
SEC Z. The person appointed to take testl-
mony according to the provisions OF this act,
shall have power to issue subponas and re
quire the attendance before him of any officer,
agent, stockholder, or employee, of any corpo-