Lee v. Buckheit
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. In this action, which was on contract, an order was made July 9, 1878, on defendant’s motion, changing the place of trial to Jefferson county, under sec. 4, ch. 123, R. S. 1858. An appeal from this order was perfected August 6, 1S78; the order was affirmed here February 4, 1879; and the remittitur was filed in the circuit court on the 11th of April following.
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APPEAL from the Circuit Court for Dane County. In this action, which was on contract, an order was made July 9, 1878, on defendant’s motion, changing the place of trial to Jefferson county, under sec. 4, ch. 123, R. S. 1858. An appeal from this order was perfected August 6, 1S78; the order was affirmed here February 4, 1879; and the remittitur was filed in the circuit court on the 11th of April following. The plaintiff noticed the cause for trial, on the 21st of October, 1879, in the Dane circuit court, and ten days afterwards filed a note of issue with the clerk of said court, who put the…
1Opinion of the CourtCole, J.
The ruling in McLeod v. Bertschy, 30 Wis., 324, would seem to be decisive upon- the question of the appeal-ability of this order. True, in that case the order appealed from denied a motion to strike the cause from the calendar, while here the appeal is from an order striking it from the calendar. But this form of the order can make no difference as to its appealability, when its character is considered. The order was not in the nature of one striking the cause from the calendar merely for the term, but was, in effect, a decision that the court had no jurisdiction of the cause because the…
2Cases cited2 opinions
- McLeod v. BertschyWisconsin Supreme Court · 1872
- Kopmeier v. O'NeilWisconsin Supreme Court · 1879
3Cited by9 opinions
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- State Commission in Lunacy v. WelchCalifornia Court of Appeal · 1912
- Howard v. State Ex Rel. McGarrySupreme Court of Alabama · 1933
- Oshkosh Water Works Co. v. City of OshkoshWisconsin Supreme Court · 1901
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