Finlay v. Prescott
Wisconsin Supreme Court
Appeal from a judgment of the county court of Dodge eounty: J. A. Barney, Judge. Defendant appealed to the county court of Dodge county from a judgment duly rendered against him in justice’s court. The notice of appeal purported to have been signed by the appellant by his mark, as was also the affidavit required by the statute.
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Appeal from a judgment of the county court of Dodge eounty: J. A. Barney, Judge. Defendant appealed to the county court of Dodge county from a judgment duly rendered against him in justice’s court. The notice of appeal purported to have been signed by the appellant by his mark, as was also the affidavit required by the statute. There was no subscribing witness to the mark and no proof that it was made by appellant, except the fact that the appeal affidavit was sworn to before a notary public, who certified to that fact and that the affiant subscribed the same in the usual form. When the case…
1Opinion of the CourtMaRshall, J.
A point is made that the determination of the trial court, dismissing the appeal, is not appealable to-this court because not a final order terminating the action and preventing a judgment from which an appeal can be taken, Reinhart v. Fire Asso. 93 Wis. 452, and St. Patrick's Congregation v. Home Ins. Co. 101 Wis. 155, being relied on. In each of those cases the motion to dismiss was denied, so, obviously, the cause remained in court and could proceed to a final judgment from which an appeal might be taken. Such is not this case. It is like Mason v. Ashland, 98 Wis. 540. There the motion to…
2Cases cited9 opinions
- Mason v. City of AshlandWisconsin Supreme Court · 1898
- State v. . ByrdSupreme Court of North Carolina · 1885
- Zacharie v. FranklinSupreme Court of the United States · 1838
- Ex parte MillerSupreme Court of Arkansas · 1886
- Shank v. ButschIndiana Supreme Court · 1867
4 more not listed; retrieve them via the Exa API.
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- Estate of Wilkins v. LeeArizona Supreme Court · 1939
- Garton Toy Co. v. Buswell Lumber & Manufacturing Co.Wisconsin Supreme Court · 1912
- Ellis v. Barron CountyWisconsin Supreme Court · 1904
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