Tollensen v. Gunderson
Wisconsin Supreme Court
This was a motion, made at this present term, by the counsel for the defendant in error, to set aside the bill of exceptions, on the ground that the same was not settled at the time when notice for that purpose had been served, but at another time, of which no notice had been given the opposite party. This motion was supported by affidavits filed with it, and resisted by counter-affidavits, filed by the oppo-sity party, the facts set forth, in which are stated in the opinion.
1Opinion of the Court
By the Court,
WhitoN, C. J.
The motion in this case must be sustained. The affidavits which have been filed show, that an attempt was made to settle the bill of exceptions on the 4th of June, 1853, and the dispute is, whether the exceptions were then in fact settled, or on the 6th, the day they were signed. We are satisfied that they were not settled *111on tlie 4th, but that the matter was postponed by the judge, to another time. The affidavit filed to resist the motion, states that the judge said, when the attorneys were before him for the purpose of settling the exceptions, on the 4th of June,…
2Cases cited1 opinion
- Pelletreau v. MooreNew York Supreme Court · 1833
3Cited by4 opinions
- Laun v. Pacific Mutual Life InsuranceWisconsin Supreme Court · 1907
- Wadhams Oil Co. v. StateWisconsin Supreme Court · 1933
- Jackson v. Town of BellevieuWisconsin Supreme Court · 1872
- Chart v. GutmannWisconsin Supreme Court · 1969