St. Patrick's Congregation v. Home Insurance Co.
Wisconsin Supreme Court
Appeal from orders of the circuit court for Juneau county: O. B. Wyman, Circuit Judge. This action was commenced in justice’s court, and resulted in a judgment for the plaintiff for $10 and costs. The defendant appealed to the circuit court. It then made a motion, on notice, to “ vacate, annul, and set aside ” the judgment of the justice, on the ground that the justice had no jurisdiction of the subject matter of the action. This motion was denied.
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Appeal from orders of the circuit court for Juneau county: O. B. Wyman, Circuit Judge. This action was commenced in justice’s court, and resulted in a judgment for the plaintiff for $10 and costs. The defendant appealed to the circuit court. It then made a motion, on notice, to “ vacate, annul, and set aside ” the judgment of the justice, on the ground that the justice had no jurisdiction of the subject matter of the action. This motion was denied. The defendant then made a motion for judgment on the pleadings, on the ground that there was a nonjoinder of parties defendant. This motion was…
1Opinion of the CourtBaRdeef, J.
Sec. 3069, Stats. 1898, names the orders which may be carried to this court by appeal. Subd. 1 says: “ An order affecting a substantial right, made in any action, when such order in effect determines the action and prevents a judgment from which an appeal might be taken.” Neither of the orders appealed from had the effect to “ determine the action” or “prevent a judgment from which an appeal might be taken.” Reinhart v. Fire Asso. 93 Wis. 452. One of the orders described in the notice of appeal is mentioned as “ being an order denying defendant’s motion to dismiss the appeal made to the…
2Cases cited1 opinion
- Reinhart v. Fire Ass'n of PhiladelphiaWisconsin Supreme Court · 1896
3Cited by7 opinions
- Szuszka v. City of MilwaukeeWisconsin Supreme Court · 1961
- Schlesinger v. SchroederWisconsin Supreme Court · 1933
- Finlay v. PrescottWisconsin Supreme Court · 1899
- Buckley v. Park Building Corp.Wisconsin Supreme Court · 1966
- Flannigan v. LindgrenWisconsin Supreme Court · 1904
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