Irvin v. Smith
Wisconsin Supreme Court
APPEAL-from the Circuit Court for .Door County. Replevin. The cause was before this court on a former appeal, and is reported in 66 Wis. 113. After the circuit court had, by the order or judgment there appealed from, directed that the execution be recalled, such execution was returned to the clerk by the sheriff with the following in-dorsement thereon: “ Door County — ss.
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APPEAL-from the Circuit Court for .Door County. Replevin. The cause was before this court on a former appeal, and is reported in 66 Wis. 113. After the circuit court had, by the order or judgment there appealed from, directed that the execution be recalled, such execution was returned to the clerk by the sheriff with the following in-dorsement thereon: “ Door County — ss. In accordance with the annexed order of court recalling the within execution I return the same unsatisfied. Abnold Wageneb, Sheriff of Door County, "Wis.” After the reversal of such order or judgment on such former appeal…
1Opinion of the Court
Conn, 0. J.
A motion was made to dismiss the appeal herein, which has been decided, but no opinion was given on the motion. It is thought advisable to state here onr views upon the question of practice involved in the motion. The ground of the motion was that no notice of appeal such as is required by law was ever served. After entitling the cause, the notice states “ that the defendant appeals to the supreme court from the order of the circuit court entered on the 26th-day of July, 1886, in the above-entitled cause.” The objection to this notice is that it fails to state whether the appeal is…
2Cases cited2 opinions
- Irvin v. SmithWisconsin Supreme Court · 1886
- Olinger v. LiddleWisconsin Supreme Court · 1882
3Cited by5 opinions
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- State ex rel. Heferon v. BlethNorth Dakota Supreme Court · 1910
- Wasson v. Brotherhood of R. TrainmenNorth Dakota Supreme Court · 1934
- Porath v. Reigh & Salentine Co.Wisconsin Supreme Court · 1901