In re The Will of Kneeland
Wisconsin Supreme Court
APPEAL from the Circuit Court for MilwauJcee County. Lau/ra Kneeland appealed to the circuit court from an order of the county court of Milwaukee county, admitting the will of Moses Burr Kneeland to probate. Notice of trial of the appeal in the circuit court, signed by the appellant in person, and by Rogers & Hover as her attorneys, was served on the attorneys of the proponents of the will, and of the executor, and a note of issue was filed with the clerk.
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APPEAL from the Circuit Court for MilwauJcee County. Lau/ra Kneeland appealed to the circuit court from an order of the county court of Milwaukee county, admitting the will of Moses Burr Kneeland to probate. Notice of trial of the appeal in the circuit court, signed by the appellant in person, and by Rogers & Hover as her attorneys, was served on the attorneys of the proponents of the will, and of the executor, and a note of issue was filed with the clerk. Counsel for the executor and proponents moved to strike the cause Lorn the calendar, because improperly noticed for trial. The motion was…
1Opinion of the CourtCole, J.
The objection is taken vn'bimvne, that the order in this case is not appealable. The language of the order is, that the cause “ be stricken from the calendar of the present term of this conrt for want of a notice of trial thereof signed by said Bottum as attorney for said appellant.” This order, it is objected, merely operated to continue the cause for the *346term, and, under the decision of Roby v. Hudd, 22 Wis., 638; Johnston, Ex'r, v. Reiley, 24 id., 494; McLeod v. Bertschy, 30 id., 324; Noble v. Strachan, 32 id., 314; Parmalee v. Wheeler, id., 429, is not appealable. This position, we think,…
2Cases cited1 opinion
- Roby v. HuddWisconsin Supreme Court · 1868
3Cited by3 opinions
- Felt v. AmidonWisconsin Supreme Court · 1879
- Clark v. Bay Circuit JudgeMichigan Supreme Court · 1908
- Sowards v. StephensWisconsin Supreme Court · 1885