Ryan v. Philippi
Wisconsin Supreme Court
Appeal from an order of the circuit court for Waukesha •county: James J. Dioe, Circuit Judge. Appeal from an order refusing to set aside a judgment as to appellant, the judgment having been rendered against him and two other persons as partners. The order appealed from does not refer to the papers on which it was based, nor the returns of the clerk to this court show the papers upon which the motion was heard. The returns are three in number.
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Appeal from an order of the circuit court for Waukesha •county: James J. Dioe, Circuit Judge. Appeal from an order refusing to set aside a judgment as to appellant, the judgment having been rendered against him and two other persons as partners. The order appealed from does not refer to the papers on which it was based, nor the returns of the clerk to this court show the papers upon which the motion was heard. The returns are three in number. The ones that contain papers relied upon to show want of jurisdiction to enter the judgment are simply to the effect that they contain all the original…
1Opinion of the Court
*255The following opinion was filed October 30, 1900:
MaRshall, J.
The appeal must be dismissed. Sec. 3050, Stats. 1898, requires the return, on appeal from an order, to contain the order appealed from and the original papers, or copies thereof, used by either party on the application therefor; and sec. 6, rule XT, of the circuit court rules, requires an order to refer to all records and papers used or read by either party upon the application therefor. The last requisite was not complied with, but that is not jurisdictional if it was not for the fact that the clerk’s certificate does not show that…
2Cases cited4 opinions
- Glover v. Wells & Mulrooney Grain Co.Wisconsin Supreme Court · 1896
- Tenney v. City of MadisonWisconsin Supreme Court · 1898
- Hoffman & Billings Manufacturing Co. v. BurdickWisconsin Supreme Court · 1897
- Superior Consolidated Land Co. v. City of SuperiorWisconsin Supreme Court · 1899
3Cited by4 opinions
- McCabe v. McCabeWisconsin Supreme Court · 1905
- Garvin v. CrowleyWisconsin Supreme Court · 1903
- Schomberg Hardwood Lumber Co. v. EngelWisconsin Supreme Court · 1902
- Madden v. KinneyWisconsin Supreme Court · 1902