Town of Erin Prairie v. Wells
Wisconsin Supreme Court
Appeal from an order of the circuit court for St. Croix county: E. 0. TIigbee, Judge. Plaintiff commenced an action in justice’s court against defendant for encroaching on a highway. Defendant answered that, upon the trial, the title to real estate would come in question, complied with the statutory condition for removal in such cases to the circuit court for trial, and asked for such removal. The motion was denied.
Read the full summary
Appeal from an order of the circuit court for St. Croix county: E. 0. TIigbee, Judge. Plaintiff commenced an action in justice’s court against defendant for encroaching on a highway. Defendant answered that, upon the trial, the title to real estate would come in question, complied with the statutory condition for removal in such cases to the circuit court for trial, and asked for such removal. The motion was denied. The cause was thereafter twice tried in justice’s court before a jury, resulting in a disagreement each time. Upon its regularly coming on for a trial a third time, defendant did…
1Opinion of the Court
The following opinion was filed May 21, 1914:
Maeshaul, J.
If there were error in dismissing the cause it was one of law, which, after the trial terpi, could be corrected only by appeal. It was not within sec. 2832, Stats.
An order claimed to be erroneous and which has passed the stage of competency for the circuit court to deal with it cannot be reviewed on appeal from an order refusing to set it aside.
By the Gourt. — The order is affirmed.
2Cited by23 opinions
- Bott v. Natural Resources CommissionMichigan Supreme Court · 1982
- Ver Hagen v. GibbonsWisconsin Supreme Court · 1972
- State v. Longyear Holding Co.Supreme Court of Minnesota · 1947
- Belter v. StateWisconsin Supreme Court · 1922
- Hoy v. State of ArizonaArizona Supreme Court · 1939
18 more not listed; retrieve them via the Exa API.