Legal Opinion

Cash v. Kruschke

Wisconsin Supreme Court

Decided January 8, 1908PublishedCited by 13 opinions

Appeal from an order, of the circuit court for Juneau county: J. J. Eeuit, Circuit Judge. A petition with 109 signatures for a drainage district having been duly filed with the clerk of the circuit court for Juneau county, Wisconsin, such proceedings were duly had that the facts herein alleged were found to exist warranting the appointment of commissioners as provided by law. An order was entered accordingly.

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Appeal from an order, of the circuit court for Juneau county: J. J. Eeuit, Circuit Judge. A petition with 109 signatures for a drainage district having been duly filed with the clerk of the circuit court for Juneau county, Wisconsin, such proceedings were duly had that the facts herein alleged were found to exist warranting the appointment of commissioners as provided by law. An order was entered accordingly. The commissioners in due time filed their report showing the existence of facts requisite to the creation of the district and that the aggregate costs of the enterprise would be about…

1Opinion of the Court

*134The following opinion, was filed November 5, 1901:

Maeshall, J.

The motion to dismiss the appeal must be denied. Sec. 3042, Stats. (1898), provides that “The time within which an appeal may be taken directly from an order is further limited to thirty days from the date of the service by either party upon the other of a copy of such order, with a written notice of the entry of the same.” Service of a copy of the order was just as essential as service of a notice of the entry thereof to start the period of limitations running, and as no copy was served more than thirty days prior to the appeal it…

2Cases cited19 opinions

  1. Winans v. . WinansNew York Court of Appeals · 1891
  2. Matter of Petition of ButlerNew York Court of Appeals · 1886
  3. State ex rel. City of Milwaukee v. LudwigWisconsin Supreme Court · 1900
  4. Carleton v. . DarcyNew York Court of Appeals · 1878
  5. Sim v. RosholtNorth Dakota Supreme Court · 1907

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3Cited by13 opinions

  1. Klump v. CybulskiWisconsin Supreme Court · 1957
  2. Town of Blooming Grove v. City of MadisonWisconsin Supreme Court · 1948
  3. Idol v. . HanesSupreme Court of North Carolina · 1941
  4. Maxwell v. TerrellIdaho Supreme Court · 1923
  5. Barnard v. CoatesWisconsin Supreme Court · 1965

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

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