Pettit v. Hamlyn
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ozaul&ee County. The notice of appeal in this case states that the appeal is “from the order and judgment in this action, dismissing the complaint therein, made the 2d day of February, 1877.” Among the papers sent up with the appeal, was one dated February 2,1877, and signed by the judge, which recites that, the cause having come on in its order to be tried before the court, etc., defendant objected to the admission of any evidence under the…
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APPEAL from the Circuit Court for Ozaul&ee County. The notice of appeal in this case states that the appeal is “from the order and judgment in this action, dismissing the complaint therein, made the 2d day of February, 1877.” Among the papers sent up with the appeal, was one dated February 2,1877, and signed by the judge, which recites that, the cause having come on in its order to be tried before the court, etc., defendant objected to the admission of any evidence under the complaint, for the reason that said complaint does not state facts sufficient to constitute a cause of action, “ which…
1Opinion of the CourtRyaN, C. J.
Before return made to this appeal, the respondent moved to dismiss it on the ground that the return had not been made. The motion was heard after return made; and it was ordered that the appeal be dismissed, unless the appellant should pay the costs of the motion. It is admitted that the appellant saved the dismissal by payment of the costs as ordered.
The respondent now moves to dismiss the appeal, on the ground that the notice of appeal is double. American Button Hole Co. v. Gurnee, 38 Wis., 533.
If the defect in the notice of appeal were jurisdictional, it could not be waived; if irregular…
2Cases cited1 opinion
- American Button-Hole, Overseaming & Sewing Machine Co. v. GurneeWisconsin Supreme Court · 1875
3Cited by1 opinion
- Pettit v. HamlynWisconsin Supreme Court · 1877