Legal Opinion

Lawrence v. MacIntyre

Wisconsin Supreme Court

Decided November 3, 1970No. 193, 194PublishedCited by 20 opinions

1Opinion of the CourtHeffernan, J.

It should be noted at the outset that the Franks have appealed from the order dismissing the plaintiff’s complaint, an order in their favor. They are not parties “aggrieved,” as set forth in sec. 274.10, Stats. In Estate of Bryngelson (1941), 237 Wis. 7, 11, 296 N. W. 63, this court stated, “We think it elementary that a party may not appeal from a judgment in his favor.” The erroneously brought appeal is dismissed.

The case of Lawrence v. MacIntyre had been pending for more than five years from its commencement when it was dismissed by Acting Circuit Judge Charles E. Kading.

Sec. 269.25,…

2Cases cited4 opinions

  1. Latham v. Casey & King Corp.Wisconsin Supreme Court · 1964
  2. Taylor v. State Highway CommissionWisconsin Supreme Court · 1970
  3. Pereles v. ChristensenWisconsin Supreme Court · 1916
  4. Bryngelson v. State Board of ControlWisconsin Supreme Court · 1941

3Cited by20 opinions

  1. State v. BraunsdorfWisconsin Supreme Court · 1980
  2. Marshall-Wisconsin Co. v. Juneau Square Corp.Wisconsin Supreme Court · 1987
  3. Prahl v. BrosamleCourt of Appeals of Wisconsin · 1987
  4. Jacobson v. AvestruzWisconsin Supreme Court · 1977
  5. Hlavinka v. Blunt, Ellis & Loewi, Inc.Court of Appeals of Wisconsin · 1993

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