Lansing's Appeal
Wisconsin Supreme Court
APPEAL PROM CIRCUIT COURT, DANE COUNTY. A judgment of foreclosure had been rendered by the Dane circuit county, in favor of Marshall against Lawrence, and it was referred to R. W. Lansing, to make sale of the mortgaged premises, and to report the same to the court. After the making of the sale, Lansing presented his bill for $20, which he claimed as his fee.
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APPEAL PROM CIRCUIT COURT, DANE COUNTY. A judgment of foreclosure had been rendered by the Dane circuit county, in favor of Marshall against Lawrence, and it was referred to R. W. Lansing, to make sale of the mortgaged premises, and to report the same to the court. After the making of the sale, Lansing presented his bill for $20, which he claimed as his fee. This amount was disputed by the counsel for Marshall, and it was agreed to submit the matter to the circuit judge for his decision of the amount legally due, who taxed the amount at $3,00, the fee for one day’s services. From that…
1Opinion of the Court
By the Court,
Paine, J.
The counsel for the respondent claim that this appeal should be dismissed for want of jurisdiction, though, no motion was directly made for that purpose, and we think it inust be dismissed. The order is not appealable. The orders referred to in section 239 of the code, and which may be brought by appeal to this court, are such as are made in a suit, or special proceeding authorized by statute. This is not such an order. There was no suit between Lansing & Marshall. It was not made in any statutory proceeding to which they were parties. On the contrary, the whole…
2Cases cited1 opinion
- Inhabitants of Alfred v. Inhabitants of SacoMassachusetts Supreme Judicial Court · 1811