Legal Opinion

Treat v. Hiles

Wisconsin Supreme Court

Decided December 3, 1889PublishedCited by 22 opinions

APPEALS from the Circuit Court for Milwaukee County. The case comes to this court on three appeals —; two taken by the defendant and one by the plaintiffs — from orders made therein. The jury returned a special verdict consisting of answers to fifty-three questions submitted to them. The defendant moved for judgment thereon, and appeals from an order denying his motion.

Read the full summary

APPEALS from the Circuit Court for Milwaukee County. The case comes to this court on three appeals —; two taken by the defendant and one by the plaintiffs — from orders made therein. The jury returned a special verdict consisting of answers to fifty-three questions submitted to them. The defendant moved for judgment thereon, and appeals from an order denying his motion. The plaintiffs moved to strike out several of the findings as unsupported by proof, and to insert others in their places which, it is alleged, are proved b}7 the uncontradicted testimony, and for judgment upon the corrected…

1Opinion of the CourtLyoN, J.

We have here three appeals from orders in the same action, none of which necessarily involve, to any considerable extent, the merits of the action. They may all be disposed of by the application of approved rules of practice, without reference to the merits of the controversy between the parties. They will be considered briefly in their order.

1. The defendant appeals from an order denying his motion for judgment in his favor on the special verdict returned by the jury. This court has often held that an order for judgment is not appealable. Johannes v. Youngs, 42 Wis. 401; Joint School Dist.…

2Cases cited3 opinions

  1. Johannes v. YoungsWisconsin Supreme Court · 1877
  2. Joint School District No. 7 of the Brighton v. KemenWisconsin Supreme Court · 1887
  3. Murray v. ScribnerWisconsin Supreme Court · 1887

3Cited by22 opinions

  1. Simmons v. FishMassachusetts Supreme Judicial Court · 1912
  2. Treat v. HilesWisconsin Supreme Court · 1892
  3. Larson v. HansonWisconsin Supreme Court · 1932
  4. Persons v. SimonsNorth Dakota Supreme Court · 1890
  5. Braunsdorf v. FellnerWisconsin Supreme Court · 1890

17 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API