Legal Opinion

Baker v. Bohnert

Wisconsin Supreme Court

Decided October 6, 1914PublishedCited by 6 opinions

Appeal from an order of the circuit court for Marquette county: Chester A. Bowler, Circuit Judge. On December 15, 1911, plaintiff leased for five years a large farm to defendant. The lease provided, among other things, that plaintiff should leave upon the farm seventeen milch cows, sixty sheep, one hundred and seven chickens, four brood sows, and a certain amount of hay and grain for feed.

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Appeal from an order of the circuit court for Marquette county: Chester A. Bowler, Circuit Judge. On December 15, 1911, plaintiff leased for five years a large farm to defendant. The lease provided, among other things, that plaintiff should leave upon the farm seventeen milch cows, sixty sheep, one hundred and seven chickens, four brood sows, and a certain amount of hay and grain for feed. The defendant was to till the farm in a good workmanlike manner, take care of the live stock, and the produce from stock and farm was to he sold under the direction of the plaintiff and the proceeds divided…

1Opinion of the CourtViitje, J.

1. The defendant challenges the correctness of the findings of the referee. They cannot now be reviewed, for under sec. 3069, Stats. 1913, no appeal lies from the order confirming the referee’s report. Such order does not prevent a final judgment from which an appeal may betaken. It only confirms the findings of the referee and -makes-them the findings of the court. No appeal lies from mere findings. Webster-Glover L. & M. Co. v. St. Croix Co. 63 Wis. 647, 24 N. W. 417; White v. Magann, 65 Wis. 86, *33926 N. W. 260; Bourgeois v. Schrage, 69 Wis. 316, 34 N. W. 96; Smith v. Shawano Co. 77 Wis. 672,…

2Cases cited4 opinions

  1. Webster-Glover Lumber & Manufacturing Co. v. St. Croix CountyWisconsin Supreme Court · 1885
  2. White v. MagannWisconsin Supreme Court · 1886
  3. Bourgeois v. SchrageWisconsin Supreme Court · 1887
  4. Smith v. Shawano CountyWisconsin Supreme Court · 1890

3Cited by6 opinions

  1. Will of PattisonWisconsin Supreme Court · 1926
  2. Thomsen-Abbott Construction Co. v. City of WausauWisconsin Supreme Court · 1960
  3. John E. Gregory & Son, Inc. v. A. Guenther & Sons Co.Wisconsin Supreme Court · 1988
  4. North American Mechanical, Inc. v. Walsh Construction Co. II, LLCDistrict Court, E.D. Wisconsin · 2015
  5. Greeney v. GreeneyWisconsin Supreme Court · 1916

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