J. L. Gates Land Co. v. Olds
Wisconsin Supreme Court
EreoR to review a judgment of the circuit court for Clark county: James O’Neill, Circuit Judge. Writ of error to review judgment of the circuit court'for Clark county in an action of ejectment wherein George H. Olds was plaintiff, and the A. B. Adams Land Company alone was defendant, rendered January 5, 1899; the notice of lis pendens having been filed on May 15, 1896, and the summons having been served May 20, 1896. The judgment was based upon a stipulation of facts and…
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EreoR to review a judgment of the circuit court for Clark county: James O’Neill, Circuit Judge. Writ of error to review judgment of the circuit court'for Clark county in an action of ejectment wherein George H. Olds was plaintiff, and the A. B. Adams Land Company alone was defendant, rendered January 5, 1899; the notice of lis pendens having been filed on May 15, 1896, and the summons having been served May 20, 1896. The judgment was based upon a stipulation of facts and finding, and adjudged that plaintiff recover of defendant the possession of the premises upon condition that the plaintiff…
1Opinion of the CourtDodge, J.
"Writ of error runs only to final judgment, and
not to an order. Sec. 3043, Stats. 1898; Jackson v. State, 92 Wis. 422; Bumbalek v. Peehl, 95 Wis. 127. Writ of error to judgment does not bring up subsequent orders. O’Toole v. State, 105 Wis. 18. Hence the only question which could be presented by the present writ is whether any error occurred in the judgment or proceedings preliminary thereto. Transmission by the clerk of certain subsequent orders and the motions on which they were based was not demanded by the writ, and was wholly unwarranted.
Not only is the scope of the writ thus limited,…
2Cases cited5 opinions
- O'Toole v. StateWisconsin Supreme Court · 1899
- Jackson v. StateWisconsin Supreme Court · 1896
- Bull v. MeloneySupreme Court of Connecticut · 1858
- Bumbalek v. PeehlWisconsin Supreme Court · 1897
- Louisville, Evansville & St. Louis Consolidated R. R. v. SurwaldIllinois Supreme Court · 1894