Dempsey v. National Surety Co.
Wisconsin Supreme Court
Appeal from two orders' of the circuit court for Milwaukee county: Gustave G. Gehrz, Circuit Judge. The plaintiff commenced an action in the civil court of Milwaukee county against the defendant J. H. Reisler, and also in the same court and at about the same time proceedings against the National Surety Company and another as garnishee defendants. The garnishee proceedings were dismissed as to both garnishees on the plaintiff failing to appear.
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Appeal from two orders' of the circuit court for Milwaukee county: Gustave G. Gehrz, Circuit Judge. The plaintiff commenced an action in the civil court of Milwaukee county against the defendant J. H. Reisler, and also in the same court and at about the same time proceedings against the National Surety Company and another as garnishee defendants. The garnishee proceedings were dismissed as to both garnishees on the plaintiff failing to appear. Thereafter an ex parte order was made by the civil court setting aside such order and judgment of dismissal. Judgment was subsequently ordered as…
1Opinion of the CourtEschweiler, J.
The following are rules of this.court:
“Rule 31. If neither side of a cause is submitted or presented when reached for argument, it will be dismissed or continued, in the discretion of the court.
“Rule 32. When a cause is submitted or presented by counsel for appellant or plaintiff in error, but not by the op*299posing party, the judgment or order appealed from may be reversed as of course, without argument.
“Rule 33. When a cause is submitted or presented by counsel for the respondent or defendant in error, but not by the opposing party, the judgment or order appealed from will be affirmed as of…
2Cases cited5 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Filer & Stowell Co. v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1915
- Butts v. FenelonWisconsin Supreme Court · 1875
- Hughes v. LibbyWisconsin Supreme Court · 1877
- Oma v. WilkinsonWisconsin Supreme Court · 1906
3Cited by5 opinions
- Johnson v. Rudolph Wurlitzer Co.Wisconsin Supreme Court · 1928
- Jones v. Pittsburgh Plate Glass Co.Wisconsin Supreme Court · 1945
- David Adler & Sons Co. v. MaglioWisconsin Supreme Court · 1929
- Sauer Hide Co. v. SteinWisconsin Supreme Court · 1921
- Essbro Seamless Floors, Inc. v. SitzbergerWisconsin Supreme Court · 1970