Pinger v. Vanclick
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. The defendant appealed to the circuit court from a judgment for $33.91 and costs, rendered against him at the suit of the plaintiff, by a justice of the peace: The judgment was rendered October 30, 1872, and the return to the appeal was filed March 26, 1873. The next jury term of the circuit court thereafter was appointed by law to commence April 9, 1873, and the next succeeding jury term in November of that year.
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APPEAL from the Circuit Court for Dane County. The defendant appealed to the circuit court from a judgment for $33.91 and costs, rendered against him at the suit of the plaintiff, by a justice of the peace: The judgment was rendered October 30, 1872, and the return to the appeal was filed March 26, 1873. The next jury term of the circuit court thereafter was appointed by law to commence April 9, 1873, and the next succeeding jury term in November of that year. The cause not having- been noticed for trial by either party at either of those terms, near the close of the latter term the court, on…
1Opinion of the CourtLyon, J.
The circuit court has no authority to review, on
the merits, orders or judgments made or rendered at a former term, for the purpose of correcting its own errors. This is well settled. Ætna Life Ins. Co. v. McCormick, 20 Wis., 265; Durning v. Burkhardt, 34 id., 585. Hence, on the motion to reinstate the appeal (which was equivalent to a motion to vacate the order of the former term dismissing it), the circuit court had no authority to determine whether such order of dismissal was or was not properly made. It is urged that such order was made prematurely. But inasmuch as the circuit court could…
2Cases cited5 opinions
- Ætna Life Insurance v. McCormickWisconsin Supreme Court · 1866
- Mowry v. HillWisconsin Supreme Court · 1860
- Howe v. ElliottWisconsin Supreme Court · 1869
- Webster v. School District No. 4Wisconsin Supreme Court · 1862
- Wilcox v. HolmesWisconsin Supreme Court · 1866
3Cited by14 opinions
- Fischbeck v. MielenzWisconsin Supreme Court · 1916
- Emerson v. HussWisconsin Supreme Court · 1906
- Egan v. SengpielWisconsin Supreme Court · 1879
- Copper King v. JohnsonArizona Supreme Court · 1904
- Holt v. ColemanWisconsin Supreme Court · 1884
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