Hall v. Gilman
Wisconsin Supreme Court
.Appeal from an order of the circuit court for Milwaukee county: D. H. Johnson, Circuit Judge. The Reliance Wire & Iron Works made an assignment for the benefit of its creditors to J. H. Gilmcm, the respondent. Previous to the assignment, it had borrowed money of the Commercial Bank. The appellant, F. A. Hall, indorsed its notes, and deposited his personal securities as collateral to his indorsement. The bank recovered judgment against Hall, which is unpaid.
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.Appeal from an order of the circuit court for Milwaukee county: D. H. Johnson, Circuit Judge. The Reliance Wire & Iron Works made an assignment for the benefit of its creditors to J. H. Gilmcm, the respondent. Previous to the assignment, it had borrowed money of the Commercial Bank. The appellant, F. A. Hall, indorsed its notes, and deposited his personal securities as collateral to his indorsement. The bank recovered judgment against Hall, which is unpaid. Hall filed a claim against the assignor, in the assignment matter, in the nature of a contingent claim, based on his liability as an…
1Opinion of the CourtNewman, J.
The time within which an appeal from an order may be taken is limited to thirty days from the date of the service of a copy of the order, with -a written notice-of its entry. R. S. sec. 3042. Jurisdiction can be conferred upon this court only by an appeal taken within the time and in the manner provided b'y law. Jurisdiction upon appeal is jurisdiction of subject matter. It is conferred by compliance with the law regulating appeals, and cannot be conferred by consent. So, the time within which an appeal is authorized cannot be extended by consent of the parties; nor has the court power to…
2Cases cited4 opinions
- Herrick v. Racine Warehouse & Dock Co.Wisconsin Supreme Court · 1877
- Palmer v. PetersonWisconsin Supreme Court · 1879
- Sambs v. SteinWisconsin Supreme Court · 1881
- Leadbetter v. LairdWisconsin Supreme Court · 1878
3Cited by3 opinions
- Filer & Stowell Co. v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1915
- Haessly v. SecorWisconsin Supreme Court · 1908
- State ex rel. Attorney General v. FasekasWisconsin Supreme Court · 1937