Glover v. Wells & Mulrooney Grain Co.
Wisconsin Supreme Court
Appeal, from an order of the circuit court for St. Croix county: E. B. Bundy, Circuit Judge. This is an action for a permanent injunction, and a temporary injunctional order was granted against the defendant, upon motion, after hearing both parties, from which the defendant appealed.
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Appeal, from an order of the circuit court for St. Croix county: E. B. Bundy, Circuit Judge. This is an action for a permanent injunction, and a temporary injunctional order was granted against the defendant, upon motion, after hearing both parties, from which the defendant appealed. The order recites that it was made on the verified complaint, and the affidavits of William Johnston and George A. Wells in opposition, “and after considering other evidence offered by each of the parties by consent of the other; ” but there is nothing in the return, which embraces the complaint and affidavits,…
1Opinion of the CourtPinney, J.
1. The respondents object that the return is insufficient to enable the court to review the order appealed from, in that it does not contain or show of what the other evidence offered by either of the parties consisted; and we are of the opinion that the objection is well taken. As was said in Bowen v. Malbon, 20 Wis. 491: “We must assume *15that the matters contained in such minutes amply justified the order granted.” The rule is well settled that error will not be presumed, but must be made to appear affirmatively. This defect is necessarily fatal to the appeal. Bunn v. Valley L. Co. 63 Wis.…
2Cases cited3 opinions
- Carpenter v. ShepardsonWisconsin Supreme Court · 1877
- Bunn v. Valley Lumber Co.Wisconsin Supreme Court · 1885
- Bowen v. MalbonWisconsin Supreme Court · 1866
3Cited by12 opinions
- Tenney v. City of MadisonWisconsin Supreme Court · 1898
- Gagan v. City of JanesvilleWisconsin Supreme Court · 1900
- Hoffman & Billings Manufacturing Co. v. BurdickWisconsin Supreme Court · 1897
- Milwaukee Trust Co. v. SherwinWisconsin Supreme Court · 1904
- Superior Consolidated Land Co. v. City of SuperiorWisconsin Supreme Court · 1899
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