State ex rel. Barber v. McBain
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Eau Claire county: Jahes O’Neill, Circuit Judge. Tbe relator was plaintiff in a suit to close up a corporation from wbicb be, a stockholder, bad received certain security for advances. On December 30, 1897, order and judgment was entered allowing final account of tbe receiver, sustaining plaintiff’s security, and directing distribution of tbe proceeds of assets amongst creditors.
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Appeal from an order of tbe circuit court for Eau Claire county: Jahes O’Neill, Circuit Judge. Tbe relator was plaintiff in a suit to close up a corporation from wbicb be, a stockholder, bad received certain security for advances. On December 30, 1897, order and judgment was entered allowing final account of tbe receiver, sustaining plaintiff’s security, and directing distribution of tbe proceeds of assets amongst creditors. The next regular term •of that court commenced tbe third Monday of March. It bad been a custom of tbe judge to keep tbe term in Eau Claire county open, so that court…
1Opinion of the CourtDodge, J.
Appellant apparently makes three contentions: First, that the direction of the court given on December 30th made it the duty of the clerk to enter on the record a final adjournment upon January 1st; second, that the statute (sec. 2513, E. S. 1818) made it the duty, of the clerk, upon nonappearance of the judge either on December 31st or January 1st, to enter daily adjournments for three days, and then to finally adjourn the term; third, that by failure of the court to adjourn to a specific time the term came to *434an end. Without stopping now to discuss whether any, and, if so, what, of these…
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