Waterman v. Raymond
Wisconsin Supreme Court
This was a motion to vacate an order made herein by Justice Smith, at chambers, staying the final hearing of said cause until the appeal taken by the defendants, from an order of the Circuit Court denying a motion for a feigned issue, should be heard'and determined in the Supreme Court. At the August term, 1856, the defendants moved the court below for a feigned issue, which was denied. Erom the order denying this motion the defendants appealed.
Read the full summary
This was a motion to vacate an order made herein by Justice Smith, at chambers, staying the final hearing of said cause until the appeal taken by the defendants, from an order of the Circuit Court denying a motion for a feigned issue, should be heard'and determined in the Supreme Court. At the August term, 1856, the defendants moved the court below for a feigned issue, which was denied. Erom the order denying this motion the defendants appealed. The defendants then moved for a stay of proceedings, as to the taking of testimony therein, until the decision of the Supreme Court on the appeal,…
1Per curiam
Undoubtedly this court-has tbe power to order a stay of proceedings in tbe court below touching any matter of appeal to this court. And we .have no doubt that a justice of this court has tbe power in vacation- to make a provisional order for such stay of proceedings, to enable tbe party to make or renew, if need be, a similar motion in term.
In such, cases,-however, tbe justice ought to look into tbe nature and circumstances of tbe order, appealed from. Much is necessarily left to tbe discretion of tbe judge who made tbe order, but tbe appeal removes the subject -matter, and all matters…
2Cited by8 opinions
- Northwestern Mutual Life Insurance v. Park Hotel Co.Wisconsin Supreme Court · 1875
- State Ex Rel. Freeman Printing Co. v. LuebkeWisconsin Supreme Court · 1967
- Carpenter Baking Co. v. Bakery Sales Drivers Local Union No. 344Wisconsin Supreme Court · 1941
- Jones v. Providence Washington InsuranceWisconsin Supreme Court · 1912
- In re KindlingWisconsin Supreme Court · 1875
3 more not listed; retrieve them via the Exa API.