Supervisors of Kewaunee County v. Decker
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Kewaunee County. Tbe following statement of tbe case was prepared by Mr. Justice LYON as a part of bis opinion. These are cross appeals from tbe same order made by tbe circuit court.
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APPEAL from tbe Circuit Court for Kewaunee County. Tbe following statement of tbe case was prepared by Mr. Justice LYON as a part of bis opinion. These are cross appeals from tbe same order made by tbe circuit court. Tbe complaint in tbe action charges and alleges that from . 1858 to 1869, tbe defendant was clerk of tbe plaintiff, duly elected, etc., and that, as such clerk, during those years, be received large sums' of money from divers persons for tbe redemption of lands sold for taxes to said county; that be received tbe sums for which said lands were sold, and interest thereon at tbe…
1Opinion of the CourtLyoN, J.
I. As to tbe appeal taken by tbe defendant. It is objected by tbe counsel for tbe plaintiff, that an order refusing to strike out matter from a pleading for redundancy is not ap-pealable. We tbink tbis objection is well taken. Tbe statute (Laws of 1864, cb. 264, see. 10) specifies tbe cases in wbicb appeals may be taken to tbis court from orders of tbe circuit court. If tbis order is appealable, it is so by virtue of subdivision one, or subdivision four, of tbe above section. That is to say, if tbe order is appealable it is because it affects a substantial right by preventing a judgment from…
2Cases cited1 opinion
- Cruger v. DouglassNew York Supreme Court · 1850
3Cited by6 opinions
- Adamson v. RaymerWisconsin Supreme Court · 1896
- State ex rel. Green Bay & Minnesota Railroad v. JenningsWisconsin Supreme Court · 1882
- Noonan v. OrtonWisconsin Supreme Court · 1872
- Fisher v. SchuriWisconsin Supreme Court · 1889
- Dewald v. DewaldWisconsin Supreme Court · 1895
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