Bonin v. Green Bay & Minnesota Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outagamie County. When this cause was called in its order, November 21, 1877. there being no appearance for the respondent, the court, without motion, reversed the judgment with costs, under rule 17. On the 15th of December following, the respondent’s counsel moved to vacate the judgment of reversal; and filed in support of the motion an affidavit, which states, among other things,that no bill of exceptions was ever settled in the cause;…
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APPEAL from the Circuit Court for Outagamie County. When this cause was called in its order, November 21, 1877. there being no appearance for the respondent, the court, without motion, reversed the judgment with costs, under rule 17. On the 15th of December following, the respondent’s counsel moved to vacate the judgment of reversal; and filed in support of the motion an affidavit, which states, among other things,that no bill of exceptions was ever settled in the cause; that no printed or other case, and no printed or other brief for the appellant, was ever served or filed therein; and that…
1Opinion of the CourtRyan, C. J.
We should deplore a failure of jurisdiction to retain this appeal and restore it to the calendar. For the reversal under the rule, for nonappearance for the respondent, when the cause was called in its order, was due to-our own failure to ascertain positively whether the counsel for the ap*212pellant had printed and served his ease and brief, to entitle him to the reversal. We assumed, that counsel, taking advantage of his opponent’s failure to comply with the rule, had himself complied with it. , In this it now appears that we were mistaken. We trust that we may not again be so misled.
We were at…
2Cases cited1 opinion
- Pierce v. KellyWisconsin Supreme Court · 1876
3Cited by4 opinions
- Ott v. BoringWisconsin Supreme Court · 1907
- Hocks v. SprangersWisconsin Supreme Court · 1902
- Webster v. WebsterWisconsin Supreme Court · 1885
- Krall v. LullWisconsin Supreme Court · 1879