Jarvis v. Hamilton
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. Appeal from an order denying a motion to set off judgments between same parties. The order was entered November 25, 1868. No notice of entry was given. The appeal was taken in August, 1874. [No brief on file.] argued that an appeal would not lie to an interlocutory order, after the expiration of two years from the entry of judgment.
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APPEAL from the Circuit Court for Dane County. Appeal from an order denying a motion to set off judgments between same parties. The order was entered November 25, 1868. No notice of entry was given. The appeal was taken in August, 1874. [No brief on file.] argued that an appeal would not lie to an interlocutory order, after the expiration of two years from the entry of judgment. Parker v. McAvoy, 86 Wis., 322; Codman v. Rogers, 10 Pick., 112, 119; Stafford v. Richardson, 15 Wend., 302. Whether judgments should be set off is a matter of discretion, not legal right. Taylor v. Williams, 14 Wis.,…
1Opinion of the CourtBy An, C. J.
In Parker v. McAvoy, 36 Wis., 322, it was held that in the case of an interlocutory order, of which notice had not been given to put the thirty days limitation of the statute in motion, the right of appeal expired with the right to appeal from the judgment; upon the ground that the right of interlocutory appeal could not properly survive, and was not intended by the statute to survive, the final right of appeal from the judgment. That rule, however, cannot govern the present case, in which the order appealed from was made after judgment. Many orders may well be made, as this was, more than…
2Cases cited2 opinions
- Parker v. McAvoyWisconsin Supreme Court · 1874
- King v. PlattNew York Court of Appeals · 1867
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