Dickinson v. Smith
Wisconsin Supreme Court
'Appeal from orders of the circuit court for Outagamie county: John Goodland, Circuit Judge. In an action in ejectment plaintiff recovered judgment. It was affirmed on appeal to this court. In due course the remittitur was filed in the office of the clerk of the circuit court.
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'Appeal from orders of the circuit court for Outagamie county: John Goodland, Circuit Judge. In an action in ejectment plaintiff recovered judgment. It was affirmed on appeal to this court. In due course the remittitur was filed in the office of the clerk of the circuit court. It contained this language: 1 “It is now here ordered and adjudged by this court that the judgment of the circuit court of Outagamie county in this cause be and the same is hereby affirmed with costs against the said appellants taxed at the sum of-dollars.” Thereafter defendants applied for an order vacating the circuit…
1Opinion of the CourtMarshall, J.
The trial court erred in vacating tfie order for a new trial upon the ground that the sureties in their affidavits, subjoined to the undertaking, failed to state that the property possessed by each was “over and above all his debts and liabilities.”
True, sec. 3092, Stats. (1898), prescribing the conditions upon which a new trial in an ejectment case may be obtained, provides that the sureties shall justify their responsibility in the same manner as bail on arrest, and sec. 2104, Stats. (1898), as amended by ch. 159, Laws of 1903, provides that such bail as qualification must be worth the…
2Cases cited13 opinions
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- Pellage v. PellageWisconsin Supreme Court · 1873
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- Evans v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1882
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