Legal Opinion

Bates v. Steele

Wisconsin Supreme Court

Decided February 23, 1886Published

APPEAL from the County Court of Milwaukee County. The plaintiff recovered a judgment in justice’s court against the defendant by default. The defendant appealed to the county court, and from an order of that court dismissing his appeal has appealed to this court.

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APPEAL from the County Court of Milwaukee County. The plaintiff recovered a judgment in justice’s court against the defendant by default. The defendant appealed to the county court, and from an order of that court dismissing his appeal has appealed to this court. The facts will sufficiently appear from the opinion. contended that at the March term, 1885, a sufficient hearing was had, and a continuance for cause shown was granted; and that this case presents a stronger claim for the interposition of the court to protect the appellant from wrong under sec. 3766, R. S., than the cases of Pvnger…

1Opinion of the CourtObtoN, J.

The appeal of the defendant from the judgment rendered by the justice against him to the county court was taken December 30, 1884, and the return was made on the 10th day of January next following. There was no appearance of the defendant before the justice, and judgment was rendered on proof of the plaintiff’s cause of action. On February 24th next following the defendant, by his attorneys, served on the plaintiff his notice of appearance in the action, and on the 26th day of February filed said notice in the county court, and at the same time served upon the plaintiff notice of trial for…

2Cases cited5 opinions

  1. Pinger v. VanclickWisconsin Supreme Court · 1874
  2. Holt v. ColemanWisconsin Supreme Court · 1884
  3. Howe v. ElliottWisconsin Supreme Court · 1869
  4. Platto v. Western Union Telegraph Co.Wisconsin Supreme Court · 1885
  5. Comdohr v. ColemanWisconsin Supreme Court · 1885

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