Midlothian Iron Mining Co. v. Dahlby
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Bay-field county: John K. PARisn, Circuit Judge. This action was commenced April 29,1887, to set aside a tax deed issued by Bayfield county to itself on sale of 1882. The defendants were made parties as the holders of a quitclaim deed from the county. The complaint alleged that the deed was void for a number of reasons, and, among •others, that there was no proper notice of sale and no affidavit of nonoccupancy.
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Appeal from a judgment of the circuit court for Bay-field county: John K. PARisn, Circuit Judge. This action was commenced April 29,1887, to set aside a tax deed issued by Bayfield county to itself on sale of 1882. The defendants were made parties as the holders of a quitclaim deed from the county. The complaint alleged that the deed was void for a number of reasons, and, among •others, that there was no proper notice of sale and no affidavit of nonoccupancy. Issue was joined April 21, 1888, ■and the answer was a general denial. The action was noticed for trial at the June term of court for…
1Opinion of the CourtBaRdjgeit, J.
The motion to dismiss this action was based upon sec. 2811a, Stats. 1898. This section provides that the circuit and superior courts may dismiss any and all actions or proceedings pending therein in which issue has been joined and which shall not be brought to trial within five years after the commencement of such action or proceeding. The order is an intermediate one, not involving the merits and necessarily affecting the judgment. The appeal is from the judgment. This court will not review such intermediate orders unless excepted to and the order, with the exceptions, brought into the…
2Cases cited2 opinions
- Donkle v. MilemWisconsin Supreme Court · 1894
- Keller v. Town of GilmanWisconsin Supreme Court · 1897
3Cited by2 opinions
- Pippin v. RichardsWisconsin Supreme Court · 1911
- Flanders v. Washburn Land Co.Wisconsin Supreme Court · 1909