Legal Opinion

McMahon v. Snyder

Wisconsin Supreme Court

Decided April 17, 1903PublishedCited by 8 opinions

Appeal from a judgment of the circuit court for Wauke-sha county. James J. Dice, Circuit Judge. On February 6, 1902, judgment was entered in the county court in the matter of the estate of Margaret McMahon, deceased, making a final distribution thereof. On April 4, 1902, the appellant, Catherine McMahon, appealed from that judgment to the circuit court.

Read the full summary

Appeal from a judgment of the circuit court for Wauke-sha county. James J. Dice, Circuit Judge. On February 6, 1902, judgment was entered in the county court in the matter of the estate of Margaret McMahon, deceased, making a final distribution thereof. On April 4, 1902, the appellant, Catherine McMahon, appealed from that judgment to the circuit court. On April 29, 1902, the appellant gave notice of the taking of the depositions of two of the respondents in Boston, May 6, 1902, before an officer named, but who was unable to take the same by reason of sickness on the day so fixed. Thereupon…

1Opinion of the Court

Cassoday, O. J.

Error is assigned because the court, on June 12, 1902, granted the appellant’s motion to continue the cause over the term on condition that she pay $25 to each of the three parties mentioned in the order of that date in lieu of taxed costs and expenses as a gross sum. There is no exception to the order. It is not one of those intermediate orders which the statute prescribes may be reviewed without exception. Sec. 3070, Stats. 1898. It was not properly a part of the judgment roll. If a review of the order was desirable, exception thereto should have been filed, as prescribed by…

2Cases cited11 opinions

  1. In re Donges's EstateWisconsin Supreme Court · 1899
  2. Hayes v. FreyWisconsin Supreme Court · 1882
  3. Patton v. LudingtonWisconsin Supreme Court · 1899
  4. Mulberger v. BeurhausWisconsin Supreme Court · 1899
  5. Lavery v. CrookeWisconsin Supreme Court · 1881

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

3Cited by8 opinions

  1. Miller v. StateWisconsin Supreme Court · 1909
  2. White v. WhiteWisconsin Supreme Court · 1918
  3. Sicchio v. AlveyWisconsin Supreme Court · 1960
  4. Harvey v. HarveyWisconsin Supreme Court · 1930
  5. Schamper v. UllrichWisconsin Supreme Court · 1907

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API