McCall v. Bilty
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: John J. Gregory, Circuit Judge. The appeal is from a judgment of the circuit court dismissing an appeal from a judgment of the county court of Milwaukee county denying probate of the will of Jennie Bilty, deceased.
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Appeal from a judgment of the circuit court for Milwaukee county: John J. Gregory, Circuit Judge. The appeal is from a judgment of the circuit court dismissing an appeal from a judgment of the county court of Milwaukee county denying probate of the will of Jennie Bilty, deceased. The appeal from the county court to the circuit court was perfected in November, 1916, and the cause was on the circuit court calendars for the January, April, and July, 1917, terms, and thereafter until the 9th day of January, 1919, at which time the proponent of the will made an application for a continuance on the…
1Opinion of the CourtOwen, J.
Appellant contends that the judgment should be reversed because the circuit court erred in denying her application for a continuance of the case over the term. The application for a continuance, by reason of the absence of a material witness, is addressed to the sound discretion of the trial court. Schamper v. Ullrich, 131 Wis. 524, 111 N. W. 691; Miller v. State, 139 Wis. 57, 119 N. W. 850. The judgment cannot be reversed, therefore, unless the trial court abused its discretion in refusing to grant the application.
The application was properly denied for the following reasons:
1. There was no…
2Cases cited7 opinions
- Miller v. StateWisconsin Supreme Court · 1909
- Senour Manufacturing Co. v. ClarkeWisconsin Supreme Court · 1897
- Sweet v. Modern Woodmen of AmericaWisconsin Supreme Court · 1919
- Jones v. RobertsWisconsin Supreme Court · 1897
- Davis v. DavisWisconsin Supreme Court · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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