Gates v. Avery
Wisconsin Supreme Court
Appeals from orders and a judgment of the circuit court for Clark county: Chas. Id. Webb, J udge. Three appeals by plaintiff in the same action,— one from an order granting a nonsuit, another from an order refusing to vacate the former order, and the third from a judgment dismissing the action with costs. After the plaintiff’s testimony was all in, the defendant made a motion for a non-suit, and the court entered a formal written order granting the same.
Read the full summary
Appeals from orders and a judgment of the circuit court for Clark county: Chas. Id. Webb, J udge. Three appeals by plaintiff in the same action,— one from an order granting a nonsuit, another from an order refusing to vacate the former order, and the third from a judgment dismissing the action with costs. After the plaintiff’s testimony was all in, the defendant made a motion for a non-suit, and the court entered a formal written order granting the same. On the same day the plaintiff made a motion to set aside the order of nonsuit, and a written order was made denying the same. Both orders…
1Opinion of the CourtBarden, J.
In his brief filed on the appeals from the two orders in this case, the plaintiff offers no reason to support the same, save that the court erred in granting the nonsuit. The orders were not appealable unless they can be brought under some one of the provisions of sec. 3069, Stats. 1898. On the argument his counsel attempted to show that such appeals were justified under subd. 3, which permits an appeal from an order which “ sets aside or dismisses a writ of attachment for irregularity.” Having secured an attachment of certain lands of defendant, his theory is that the order of nonsuit had…
2Cases cited5 opinions
- Taylor v. Davis' AdministratrixSupreme Court of the United States · 1884
- Loring v. PalmerSupreme Court of the United States · 1886
- Skinner v. JamesWisconsin Supreme Court · 1887
- South Milwaukee Boulevard Heights Co. v. HarteWisconsin Supreme Court · 1897
- Steenerson v. WaterburySupreme Court of Minnesota · 1893
3Cited by6 opinions
- St. Norbert College Foundation, Inc. v. McCormickWisconsin Supreme Court · 1978
- Fitch v. MartinNebraska Supreme Court · 1908
- Arwold v. RandallWisconsin Supreme Court · 1904
- Danischefsky v. Klein-Watson Co.Wisconsin Supreme Court · 1932
- Davis v. SchmidtWisconsin Supreme Court · 1906
1 more not listed; retrieve them via the Exa API.