Legal Opinion

McElroy v. Minnesota Percheron Horse Co.

Wisconsin Supreme Court

Decided February 1, 1901PublishedCited by 7 opinions

Appeal from an order and a judgment of the circuit court for Winnebago county: G-eoege W. Buenell, Circuit Judge; Appeal from an order refusing to extend the time for settling a .bill of exceptions, and from a judgment in tbe action. The judgment was perfected June 21, 1898. On the same day notice of the entry of such judgment was served on defendant’s attorneys.

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Appeal from an order and a judgment of the circuit court for Winnebago county: G-eoege W. Buenell, Circuit Judge; Appeal from an order refusing to extend the time for settling a .bill of exceptions, and from a judgment in tbe action. The judgment was perfected June 21, 1898. On the same day notice of the entry of such judgment was served on defendant’s attorneys. On June 9, 1900, a motion was made on the part of defendant to settle a bill of exceptions, and on June 13th thereafter such motion was finally determined. Two years had then run from the time the judgment was entered, but not from…

1Opinion of the CourtMaeshall, J.

Where the only objection to an appeal from an order is that it was within the discretionary power of the trial court to grant or refuse it, and the order is one of a class of orders appealable by statute, this court must examine the record to see whether there was an abuse of discretion or not; and except in case of an order granting, refusing, or modifying an injunction, if no such abuse be discovered, the appeal must be dismissed. In short, in such a case jurisdiction of this court to entertain the appeal for the purpose of the entry of an order in the cause, depends upon whether the order…

2Cases cited13 opinions

  1. Adamson v. RaymerWisconsin Supreme Court · 1896
  2. Landon v. BurkeWisconsin Supreme Court · 1873
  3. McCarville v. BoyleWisconsin Supreme Court · 1895
  4. Noonan v. OrtonWisconsin Supreme Court · 1872
  5. Wood v. BlytheWisconsin Supreme Court · 1877

8 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. R. Connor Co. v. GoodwillieWisconsin Supreme Court · 1904
  2. Eggen v. FoxWisconsin Supreme Court · 1905
  3. Hartwig v. HarveyWisconsin Supreme Court · 1947
  4. State v. McDonald Lumber Co.Wisconsin Supreme Court · 1960
  5. Sly v. Village of Kilbourn CityWisconsin Supreme Court · 1910

2 more not listed; retrieve them via the Exa API.

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