Legal Opinion

Roemer v. Schmidt

Wisconsin Supreme Court

Decided December 13, 1907PublishedCited by 3 opinions

Appeal from an order of the circuit court for Outagamie county: JohN GoodlaNd, Circuit Judge. This appeal is from an order of the circuit court for Outa-gamie county denying the petitioners’ right to appeal from a judgment of the coiinty court after the time for appealing had expired.

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Appeal from an order of the circuit court for Outagamie county: JohN GoodlaNd, Circuit Judge. This appeal is from an order of the circuit court for Outa-gamie county denying the petitioners’ right to appeal from a judgment of the coiinty court after the time for appealing had expired. The petition is as follows: “(1) That on the 20th day of November, 1906, judgment was rendered against the estate of Ered Schmidt, deceased, and in favor of Joseph Roemer, in the sum of $245, by the county court of Outagamie county, by which judgment said Joseph Roemer was to have and recover of and from said…

1Opinion of the CourtKeewtN, J.

To warrant this court in reversing the order appealed from it must appear that the court below abused its discretion in denying the appeal. In re O’Hara’s Will, 127 Wis. 258, 106 N. W. 848; In re Box’s Will. 127 Wis. 264, 106 N. W. 1063; McKenney v. Minahan, 119 Wis. 651, 97 N. W. 489; Deering H. Co. v. Johnson, 108 Wis. 275, 84 N. W. 426. Sec. 4035, Stats. (1898), provides:

“If any person aggrieved by any act of the county court or commissioners to examine claims shall, from any cause without fault on his part, have omitted to take his appeal according to law, the circuit court of the same…

2Cases cited6 opinions

  1. McKenney v. MinahanWisconsin Supreme Court · 1903
  2. Deering Harvester Co. v. JohnsonWisconsin Supreme Court · 1900
  3. Oakley v. DavidsonWisconsin Supreme Court · 1899
  4. Burden v. BlakeyWisconsin Supreme Court · 1906
  5. Moynahan v. AllenWisconsin Supreme Court · 1906

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Phillips v. Portage Transit Co.Wisconsin Supreme Court · 1908
  2. Gustafson v. Whitney Bros.Wisconsin Supreme Court · 1913
  3. Will of Schilling v. MouldWisconsin Supreme Court · 1931

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