Mason v. City of Ashland
Wisconsin Supreme Court
Appeal from an order of the circuit court for Ashland county: John K. Paeish, Circuit Judge. July 18, 1896, plaintiff filed with the city clerk of the city of Ashland, for allowance by the common council of such city, a claim for moneys alleged to be due him from the city for services as a police officer. On the 8th day of February, 1897, the common council having failed to take final action, plaintiff appealed to the circuit court in the manner provided by the city charter.
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Appeal from an order of the circuit court for Ashland county: John K. Paeish, Circuit Judge. July 18, 1896, plaintiff filed with the city clerk of the city of Ashland, for allowance by the common council of such city, a claim for moneys alleged to be due him from the city for services as a police officer. On the 8th day of February, 1897, the common council having failed to take final action, plaintiff appealed to the circuit court in the manner provided by the city charter. When the case was reached for a hearing in the circuit court, an-order was entered, on motion of the defendant,…
1Opinion of the CourtMaeshall, J.
The ground, of the dismissal of the appeal being want of jurisdiction of the court, the order entered on such dismissal effectually terminated the proceeding. Motion costs might have been allowed and included in the order, but no judgment for costs was pi’oper. Felt v. Felt, 19 Wis. 195; Ketchum v. Freeman, 24 Wis. 296; Kingsley v. G. N. R. Co. 91 Wis. 380. It follows that the order appealed from is one affecting a substantial right, terminating’ the action and preventing a judgment from which an appeal might be taken, hence appealable under subd. 1, sec. 1, ch. 212, Laws of 1895.
Appellant…
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