Gilman v. Thiess
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sheboygan County. Ejectment. The judge, in his finding, stated separately the facts found and his conclusions of law thereon, and directed judgment to be entered for the plaintiff. The defendant filed a general exception “ to the decision of the judge.” Judgment for the plaintiff; from which the defendant appealed.
1Opinion of the Court
By the Court,
DixoN, C. J.
In causes tried by the court upon issues of fact, the statute provides for two classes of exceptions; the one to the facts found by the judge, where a review of the facts is desired ; the other to his conclusions of law thereon, where such conclusions are thought to be erroneous. The party desiring to appeal may file his exceptions within one or the other of these classes, or both. Laws of 1860, ch. 264, sec. 13. We have no hesitation in laying it down as a sound rule of practice under this statute, that the party filing exceptions must make them so specific and…
2Cases cited1 opinion
- Taft v. KesselWisconsin Supreme Court · 1862
3Cited by4 opinions
- Estate of KesslerWisconsin Supreme Court · 1894
- Strohn v. Detroit & Milwaukee RailroadWisconsin Supreme Court · 1868
- Reinke v. WrightWisconsin Supreme Court · 1896
- Crisman v. McDonaldSupreme Court of Arkansas · 1872