Drake v. Scheunemann
Wisconsin Supreme Court
Appeal from an order and a judgment of the superior court of Milwaukee county: J. C. Ludwig, Judge. The superior court acquired jurisdiction of the cause by appeal from a judgment rendered for plaintiff in justice’s court. On the last day of the fourth term of the court after the appeal was taken, to which term the cause had been regularly continued, it was dismissed on plaintiff’s motion for want of prosecution.
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Appeal from an order and a judgment of the superior court of Milwaukee county: J. C. Ludwig, Judge. The superior court acquired jurisdiction of the cause by appeal from a judgment rendered for plaintiff in justice’s court. On the last day of the fourth term of the court after the appeal was taken, to which term the cause had been regularly continued, it was dismissed on plaintiff’s motion for want of prosecution. At the next term of the court, on motion of defendants’ attorney, the appeal was reinstated on terms that they pay the fees of plaintiff’s witnesses upon the former appearances,…
1Opinion of the CourtMaeshall, J.
The order is not appealable if for no other reason, because it is subject to review on appeal from the judgment. The right of appeal from an intermediate order ceases on the entry of judgment. American B. H., O. & S. M. Co. v. Gurnee, 38 Wis. 533; Donkle v. Milem, 88 Wis. 33.
The order was granted upon condition of the payment of plaintiff’s witness fees on the appearance at the time the cause was dismissed. Acceptance of the fees by plaintiff’s attorneys, and going to trial on the merits without objection, waived any error in the order. That has been repeatedly decided by this court, as…
2Cases cited9 opinions
- Smith v. ColemanWisconsin Supreme Court · 1890
- American Button-Hole, Overseaming & Sewing Machine Co. v. GurneeWisconsin Supreme Court · 1875
- Donkle v. MilemWisconsin Supreme Court · 1894
- Webster Glover Lumber & Manufacturing Co. v. St. Croix CountyWisconsin Supreme Court · 1888
- Cogswell v. ColleyWisconsin Supreme Court · 1867
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3Cited by9 opinions
- Harcum v. BensonSupreme Court of Minnesota · 1916
- Heinemann v. PierWisconsin Supreme Court · 1901
- Smith v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1973
- Price v. GrzyllWisconsin Supreme Court · 1907
- Seagram-Distillers Corp. v. LangSupreme Court of Minnesota · 1950
4 more not listed; retrieve them via the Exa API.