Gilbank v. Stephenson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Iowa County. Motion by plaintiff and respondent to dismiss defendant’s appeal. Tbe grounds of tbe motion and tbe nature of tbe objections are stated in tbe opinion.
1Opinion of the CourtDixon, C. J.
The plaintiff moves to dismiss the appeal of the defendant, for the reason that one of the sureties named in and who executed the undertaking, is a practising attomey’of the county of Iowa where be resides. Annexed to the motion is an affidavit showing that the surety is and was at the date of the undertaking, a practising attorney in the circuit court for that county. In answer to the motion, the defendant shows that if the undertaking shall be adjudged defective on this ground, be has asked for and obtained leave from the judge of *156the court below, to perfect a new undertaking* and that the…
2Cases cited2 opinions
- Cothren v. ConnaughtonWisconsin Supreme Court · 1869
- Jenkins v. EsterlyWisconsin Supreme Court · 1867
3Cited by14 opinions
- Hinz v. Van DusenWisconsin Supreme Court · 1897
- Edleman v. KiddWisconsin Supreme Court · 1885
- Towle v. BradleySouth Dakota Supreme Court · 1892
- Fairbank v. NewtonWisconsin Supreme Court · 1879
- McDonnell v. SchrickerWisconsin Supreme Court · 1878
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