Legal Opinion

Stoppelfeldt v. Milwaukee, Manitowoc & Green Bay Railroad

Wisconsin Supreme Court

Decided January 15, 1872PublishedCited by 2 opinions

APPEAL from the Circuit Court for Milwaukee County. This was an appeal from the appraisal by commissioners, of damages for certain lands of the present respondent, taken for the defendant company’s road. Notice of the appeal was served on Mr. Cotzhausen, as attorney for the company, but the records of the court show that it appeared and defended by Mann & Cotzhausen, as its attorneys.

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APPEAL from the Circuit Court for Milwaukee County. This was an appeal from the appraisal by commissioners, of damages for certain lands of the present respondent, taken for the defendant company’s road. Notice of the appeal was served on Mr. Cotzhausen, as attorney for the company, but the records of the court show that it appeared and defended by Mann & Cotzhausen, as its attorneys. The appeal was noticed for trial at the January term of the court, 1871, and was called up on the 24th day of, February. Mr. Cotzhausen was then absent in New York, but Mr. Mann, his law partner, being present,…

1Opinion of the CourtCole, J.

We are inclined to bold that tbe default of tbe company to appear and defend was excused, and that tbe court should have granted tbe application for a new trial. Tbe case should be regarded as though Mr. Cotzhausen were tbe sole at-*691tomey of tbe company. It is true tbat Messrs. Mann & Cotz-bausen were attorneys of record, and tbat Judge Mann was present when tbe case was called for trial, and, after objecting tbat tbe court could not try tbe case because tbe term bad legally closed, declined to take any further part in tbe trial. It appears tbat tbe cause bad been under tbe exclusive…

2Cases cited1 opinion

  1. Johnson v. EldredWisconsin Supreme Court · 1861

3Cited by2 opinions

  1. County of Buena Vista v. I. F. & S. C. R. Co.Supreme Court of Iowa · 1878
  2. Bloor v. SmithWisconsin Supreme Court · 1901

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