Rice v. Ashland County
Wisconsin Supreme Court
Appeal from an order of the circuit court for Ashland ■county: John K. Papish, Circuit Judge. Appeal from an order dismissing an appeal from a determination of the county board of supervisors of such county •disallowing a claim. Such disallowance took place October '29, 1892. The appeal was seasonably taken to the circuit court.
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Appeal from an order of the circuit court for Ashland ■county: John K. Papish, Circuit Judge. Appeal from an order dismissing an appeal from a determination of the county board of supervisors of such county •disallowing a claim. Such disallowance took place October '29, 1892. The appeal was seasonably taken to the circuit court. The county clerk mislaid the papers in his office and for that reason failed to make a return on the appeal according to law, to the clerk of the circuit court, till December 10, 1899. At the January, 1900, term of such court, defendant, by its attorney, moved for a…
1Opinion of the CourtMaRshall, J.
This appeal turns on the construction of ■sec. 2811®, Stats. 1898, which reads as follows: “The circuit courts and the superior courts may dismiss, upon their own ■or upon the motion of either party and with or without notice, any and all actions or proceedings pending therein in *191which issue shall have been joined and which shall not be brought to trial within five years from and after the commencement of such action or proceeding.” Appellants’ counsel contend that the words “ pending therein,” and the words “ commencement of such action or proceeding,” should be construed together, the…
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