Carpenter v. Shepardson
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. This appeal was taken by the defendant from an order referring the cause for trial, made upon the death of the person named as referee in a former order of reference.
1Opinion of the Court
Ryait, O. J.
When this case was here before, 43 Wis., 406, this court affirmed the order of the court below, sending the case to a referee for trial. Pending the reference, the referee died.
An affidavit of the death of the referee was then presented to the court below, and an order made that the appellant show cause why the case should not be referred to some suitable person.
Properly the motion should have been to appoint another referee. But that was the effect of the order to show cause, because it had already been determined that the case was a proper one for reference, and the reference…
2Cases cited4 opinions
- Carpenter v. ShepardsonWisconsin Supreme Court · 1877
- Yates v. ShepardsonWisconsin Supreme Court · 1875
- Yates v. ShepardsonWisconsin Supreme Court · 1875
- Yates v. ShepardsonWisconsin Supreme Court · 1870
3Cited by4 opinions
- Baker v. BakerWisconsin Supreme Court · 1883
- Winnebago County v. Dodge CountyWisconsin Supreme Court · 1905
- Monitor Iron Works Co. v. KetchumWisconsin Supreme Court · 1879
- United States Rolling Stock Co. v. JohnstonWisconsin Supreme Court · 1886