State ex rel. Forrestal v. Eschweiler
Wisconsin Supreme Court
MaNdamus action to compel F. 0. Eschweileb, judge of the circuit court for Milwaukee county, to dismiss the action of Emma Sellers, as administratrix of the estate of Joseph Sellers, deceased, against Forrestal and Downey, pending in said court, and like proceedings for similar relief in the action of William Brey against the same defendants, also pending in said court.
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MaNdamus action to compel F. 0. Eschweileb, judge of the circuit court for Milwaukee county, to dismiss the action of Emma Sellers, as administratrix of the estate of Joseph Sellers, deceased, against Forrestal and Downey, pending in said court, and like proceedings for similar relief in the action of William Brey against the same defendants, also pending in said court. The deceased and Brey were injured by the explosion of a boiler while they were in the performance of their duties as employees of Forrestal and Downey. Mr. Sellers died from his injuries. The two actions were commenced to…
1Opinion of the CourtMarshall, J.
Did the lower court err in refusing to dismiss the actions under sec. 3012, Stats., providing as follows:
“In every case in error or on appeal in which the supreme court shall order a new trial or further proceedings in the court below, the record shall be transmitted to such court and proceeding had thereon within one year from the date of such ■order in the supreme court, or in default thereof the action shall be dismissed, unless, upon good cause shown, the court ■shall otherwise order. It shall be the duty of the losing party in any action or proceeding when a judgment or order in his…
2Cases cited5 opinions
- Christianson v. Pioneer Furniture Co.Wisconsin Supreme Court · 1898
- State ex rel. Mitchell v. JohnsonWisconsin Supreme Court · 1899
- Raymond v. KesebergWisconsin Supreme Court · 1898
- Sutton v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1902
- Eisentraut v. CorneliusWisconsin Supreme Court · 1911
3Cited by4 opinions
- Zeidler v. GoelzerWisconsin Supreme Court · 1926
- State ex rel. City of Milwaukee v. Circuit Court for Milwaukee CountyWisconsin Supreme Court · 1916
- Lamb v. ShoemakerWisconsin Supreme Court · 1925
- Stahl v. BroeckertWisconsin Supreme Court · 1918