Congregation of the Immaculate Conception of Barton v. Hellstern
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Wau-kesha county: James J. Dick, Circuit Judge. The appellant moved in this court for an order to recall an execution and -writ of restitution issued after the appeal had been perfected, .and to restore the money collected and the possession of the property in dispute. The facts are stated in the opinion.
1Opinion of the CourtBardeen, J.
This action was commenced in justice’s court, of Washington county, appealed to the circuit court, and taken on change of venue to Waukesha county. On October 14,1897, judgment was entered against defendant, and notice of entry thereof was served on the 19th. On March 15, 1898, the court made an order fixing the amount of the undertaking to be given by defendant to stay execution on appeal. On March 25,1898, defendant served a notice of appeal, with a proper undertaking to stay execution, upon the plaintiff’s attorney, and upon the following day on the clerk of the cour-t, but failed to pay…
2Cases cited2 opinions
- Eaton v. Supervisors of Manitowoc CountyWisconsin Supreme Court · 1877
- Tilley v. WashburnWisconsin Supreme Court · 1895
3Cited by4 opinions
- State Ex Rel. Freeman Printing Co. v. LuebkeWisconsin Supreme Court · 1967
- Hanley v. KraftczykWisconsin Supreme Court · 1903
- David Adler & Sons Co. v. MaglioWisconsin Supreme Court · 1929
- Jones v. Providence Washington InsuranceWisconsin Supreme Court · 1912