Frost v. Meyer
Wisconsin Supreme Court
Appeal from orders of tbe circuit' court for Iron county:. JohN K. PaRisi-i, Circuit Judge. This is an action of ejectment brought by the plaintiffs, original owners, against tbe defendant, claimant under a tax title. Tbe action was tried in tbe circuit court for Iron county and resulted in a verdict for tbe plaintiffs.
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Appeal from orders of tbe circuit' court for Iron county:. JohN K. PaRisi-i, Circuit Judge. This is an action of ejectment brought by the plaintiffs, original owners, against tbe defendant, claimant under a tax title. Tbe action was tried in tbe circuit court for Iron county and resulted in a verdict for tbe plaintiffs. After verdict and on July 1, 1905, tbe court signed a conditional order requiring tbe plaintiffs to pay tbe amount of taxes paid by tbe defendant, with interest, within ninety days. July 29, 1905, plaintiffs tendered tbe amount of taxes, which tender was refused, and on July…
1Opinion of the CourtKerwiN, J.
It is insisted on the part of the appellants that, this being an action in ejectment, the court had no jurisdiction to vacate the judgment and grant a new trial, except upon condition that the costs be paid and an undertaking filed as provided in sec. 3092, Stats. (1898), and the conditions of said section have not been complied with. As we understand appellants’ contention, it is claimed that the new trial provided for in sec. 3092, Stats. (1898), is exclusive, and that the court had no power to vacate the judgment and grant a new trial otherwise than in accordance with the provisions of…
2Cases cited16 opinions
- Ætna Life Insurance v. McCormickWisconsin Supreme Court · 1866
- Wolfgram v. Town of SchoepkeWisconsin Supreme Court · 1904
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- Second National Bank of Richmond v. SmithWisconsin Supreme Court · 1903
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