Parker v. McAvoy
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grant County. Replevin, commenced in justice’s court, where plaintiff had a verdict assessing the value of the property at $15, and damages for the detention at twenty-five cents. From a judgment in accordance with the verdict, defendant appealed to the circuit court, where his motion for a trial de novo upon the merits, made at the September term, 1871, was denied, and judgment entered affirming that of the justice.
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APPEAL from the Circuit Court for Grant County. Replevin, commenced in justice’s court, where plaintiff had a verdict assessing the value of the property at $15, and damages for the detention at twenty-five cents. From a judgment in accordance with the verdict, defendant appealed to the circuit court, where his motion for a trial de novo upon the merits, made at the September term, 1871, was denied, and judgment entered affirming that of the justice. In March, 1874, defendant settled his bill of exceptions, and in April served notice of appeal, which was stated to be from the judgment and…
1Opinion of the CourtCole, J.
The motion to dismiss the appeal in this case must be sustained for the reason stated in the motion.
The notice of appeal states that the appeal is from the judgment and from the order denying the motion for a trial de novo in the circuit court. It is manifest that the appeal was double and clearly irregular, under the decisions in White v. Appleton, 14 Wis., 190; Chamberlain v. Sage, id., 193; and Sweet v. Mitchell, 17 id., 125.
*324In addition to this objection, if the appeal could be held good either as an appeal from the judgment or order, then it was taken too late. The record shows that…
2Cases cited2 opinions
- White v. AppletonWisconsin Supreme Court · 1861
- Van Steenwyck v. MillerWisconsin Supreme Court · 1864
3Cited by6 opinions
- American Button-Hole, Overseaming & Sewing Machine Co. v. GurneeWisconsin Supreme Court · 1875
- Harcum v. BensonSupreme Court of Minnesota · 1916
- Munk v. AndersonWisconsin Supreme Court · 1896
- Jarvis v. HamiltonWisconsin Supreme Court · 1875
- Seagram-Distillers Corp. v. LangSupreme Court of Minnesota · 1950
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