La Societe Française D'Epargnes Et De Prevoyance Mutuelle v. McHenry
LA SOCIETE FRANÇAISE D'EPARGNES ET DE PREVOYANCE MUTUELLE v. JOHN McHENRY and ELLEN McHENRY
- Area
- civil
- Panel
- William T. Wallace (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Wallace
By the Court, Wallace, C. J.:
1. The demurrers to the complaint interposed by the defendants, were properly overruled.
2. The answers presented no available defense to the action, and were properly stricken out.
3. There is no personal judgment against McHenry for the deficiency, if any, after the application of the proceeds of the sale of the mortgaged premises.
4. The ex parte direction to the Sheriff to proceed with the mortgage sale, notwithstanding the appeal, was proper. *353The proceedings upon the decree had not been stayed by the appeal taken from the decree.
The judgment and order affirmed. Remittitur forthwith.
Neither Mr. Justice Rhodes nor Mr. Justice Niles expressed an opinion.