Howard v. Town of Osceola
Wisconsin Supreme Court
ERROR to the Circuit Court for Fond du Lac County. Amelia F. Howard brought an action in said court against the Town of- Osceola upon a town order for.$100 bounty money. A judgment in default of an answer was set aside, on the ground that there had been no personal service on the clerk of the town; and defendant then answered, that on a certain day subsequent to the commencement of the action, it paid- plaintiff $92, which she received in full payment of said claim.
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ERROR to the Circuit Court for Fond du Lac County. Amelia F. Howard brought an action in said court against the Town of- Osceola upon a town order for.$100 bounty money. A judgment in default of an answer was set aside, on the ground that there had been no personal service on the clerk of the town; and defendant then answered, that on a certain day subsequent to the commencement of the action, it paid- plaintiff $92, which she received in full payment of said claim. The action was noticed for trial, and placed on the calendar for the October term, 1866; but when it was called in its order,…
1Opinion of the CourtCole, J.
It is objected, that we cannot review on writ of error the ruling of the circuit court directing judgment of discontinuance, even if that ruling is erroneous. But this is a mistake. The affidavits read on the motion are incorporated in the bill of exceptions; and exceptions were properly taken to the ruling of the court directing that a judgment of discontinuance be entered in the action. The question, therefore, whether the judgment of discontinuance should have been entered- under the circumstances, is fairly presented by the record; and upon that question we think the ruling of the circuit…
2Cited by11 opinions
- State ex rel. City of Milwaukee v. LudwigWisconsin Supreme Court · 1900
- Miedreich v. RankIndiana Court of Appeals · 1907
- Bussian v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1882
- Weigel v. GrimmettCourt of Appeals of Wisconsin · 1992
- Bennett v. Sinclair Nav. Co.District Court, E.D. Pennsylvania · 1940
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