Legal Opinion

Noble v. Strachan

Wisconsin Supreme Court

Decided January 15, 1873PublishedCited by 10 opinions

APPEAL from tbe Circuit Court for Iowa County. By a contract in writing and under seal, tbe defendant Strachan sold and transferred to the plaintiffs Noble and Hildreth, and to one Curry, who is tbe assignor of tbe plaintiff Webber, bis farming machine business, which be bad theretofore carried on in tbe city of Mineral Point, together with tbe good will of such business, and certain contracts with other parties connected therewith.

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APPEAL from tbe Circuit Court for Iowa County. By a contract in writing and under seal, tbe defendant Strachan sold and transferred to the plaintiffs Noble and Hildreth, and to one Curry, who is tbe assignor of tbe plaintiff Webber, bis farming machine business, which be bad theretofore carried on in tbe city of Mineral Point, together with tbe good will of such business, and certain contracts with other parties connected therewith. He also covenanted therein to do and perform certain acts pertaining to tbe business, the particulars of which' it is unnecessary to state. The defendant Henry…

1Opinion of the CourtLyon, J.

I. This is substantially an attempt to bring here for review two separate and distinct orders, by a single appeal. *318This court has held that this cannot be done, and that an appeal of that character is ineffectual for any purpose. White v. Appleton, 14 Wis., 190; Chamberlain v. Sage, id., 193; Sweet v. Mitchell, 17 id., 125. We must adhere to the rule established by these cases; and it is decisive of the fate of this appeal.

II. But I am of the opinion that neither of the orders is appealable, and that the appeal should be dismissed for that reason, without regard to the above question of…

2Cases cited1 opinion

  1. White v. AppletonWisconsin Supreme Court · 1861

3Cited by10 opinions

  1. State ex rel. City of Milwaukee v. LudwigWisconsin Supreme Court · 1900
  2. American Button-Hole, Overseaming & Sewing Machine Co. v. GurneeWisconsin Supreme Court · 1875
  3. Prondzinski v. GarbuttNorth Dakota Supreme Court · 1900
  4. Clark v. Bay Circuit JudgeMichigan Supreme Court · 1908
  5. Cooper v. Village of WaterlooWisconsin Supreme Court · 1894

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