Schweppe v. Wellauer
Wisconsin Supreme Court
APPEÁL from the Circuit Court for Taylor County. On September 19, 1888, judgment was rendered in a justice’s court in favor of E. R. Sohweppe and against Jacob Wellauer & Co. for $93.75 and costs. On the same day one O. P. Thompson, who had been summoned as garnishee, was ordered to pay into court for the benefit of the plaintiff, the amount of said judgment.' Afterwards a notice of appeal was filed with the justice, entitled “FT.
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APPEÁL from the Circuit Court for Taylor County. On September 19, 1888, judgment was rendered in a justice’s court in favor of E. R. Sohweppe and against Jacob Wellauer & Co. for $93.75 and costs. On the same day one O. P. Thompson, who had been summoned as garnishee, was ordered to pay into court for the benefit of the plaintiff, the amount of said judgment.' Afterwards a notice of appeal was filed with the justice, entitled “FT. H. Schweppe, Plaintiff, vs. Jacob Wellauer, John Hoffman and Alexander Eehr, Defendants, and C. P. Thompson, Garnishee.” This notice was to the effect that the…
1Opinion of the CourtObtoN, J.
There are two appeals,— one from the order of the circuit court dismissing the appeal from the justice, and the other from the order denying the motion of the defendants for a change of the place of trial. No one seems to know the ground for the dismissal of the appeal. The learned counsel of the respondent contends that the appeal was properly dismissed, because the appeal papers were wrongly entitled, so far as the defendants were concerned, and because the name of the garnishee was appended. The name of the garnishee being appended was mere surplusage, and should have been disregarded. Co.…
2Cases cited3 opinions
- Tucker v. RandallMassachusetts Supreme Judicial Court · 1807
- Carroll v. PeakeSupreme Court of the United States · 1828
- Chapman v. SmithNew York Supreme Court · 1816
3Cited by3 opinions
- Noall v. HalonenWisconsin Supreme Court · 1893
- Cowles v. City of NeillsvilleWisconsin Supreme Court · 1909
- Philipsky v. Scheflow & MonahanWisconsin Supreme Court · 1935