Betts v. Sholton
Wisconsin Supreme Court
APPEAL from the Circuit Court for Pierce County. The county court of said county having made an order July 27, 1868, appointing Hiram B. Betts administrator of the estate of G-eorge Betts, deceased, Ann Sholton immediately filed a written notice of appeal from said order, together with an appeal bond; and on the same day the county judge made an order requiring her to give due notice, with her reasons for the appeal, to said Hiram B. Betts, at least fourteen days before…
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APPEAL from the Circuit Court for Pierce County. The county court of said county having made an order July 27, 1868, appointing Hiram B. Betts administrator of the estate of G-eorge Betts, deceased, Ann Sholton immediately filed a written notice of appeal from said order, together with an appeal bond; and on the same day the county judge made an order requiring her to give due notice, with her reasons for the appeal, to said Hiram B. Betts, at least fourteen days before entering such .appeal in the circuit court. R. S. ch. 117, § 26. In November, 1868, Betts moved the circuit court to dismiss…
1Opinion of the CourtCons, J.
Sections 24 and 25, ch. 117, R. S., point out the steps necessary to be taken to perfect the appeal from an order of the county court sitting in prcf bate. In this case it would seem, from the affidavit used in support of the motion to dismiss, that the ap*308pellant gave the proper notice, and filed the bond prescribed in those sections. The court likewise made an order that the appellant give notice of the appeal to the adverse party, as required by section 26. But the appellant neglected to give this notice, and failed to procure and file a copy of the record and proceedings appealed from, as…
2Cases cited3 opinions
- Alling v. SheltonSupreme Court of Connecticut · 1844
- Hughes v. StickneyNew York Supreme Court · 1835
- In re the appeals of Newland & DanielsWisconsin Supreme Court · 1860