Carney v. La Crosse & Milwaukee Railroad
Wisconsin Supreme Court
APPEAL from the County Court for Milwaukee County. Carney brought an action against the La Crosse fy Milwau-Icee Railroad Company, to enforce a lien for the value of materials furnished by him to Hill & Rudd, who had made a contract with the railroad company to erect for it certain buildings. The railroad company filed a general denial of the complaint.
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APPEAL from the County Court for Milwaukee County. Carney brought an action against the La Crosse fy Milwau-Icee Railroad Company, to enforce a lien for the value of materials furnished by him to Hill & Rudd, who had made a contract with the railroad company to erect for it certain buildings. The railroad company filed a general denial of the complaint. The finding of the county judge was as follows: “I find that the plaintiff furnished to Hill & Rudd, the contractors, for building the depot of the defendant described in the complaint, two hundred and forty-seven thousand and one hundred…
1Opinion of the Court
By the Court,
Cole, J.
The practice of appealing from orders of circuit or county courts which set aside, or refuse to set aside, judgments or sales under them, has obtained for years in this court, and must be considered as settled. If the practice is found to be wrong or inconvenient, the legislature can readily change it; but until this is done, appeals from such orders will be entertained. This is all we deem it necessary to say upon the question as to the appealability of this order.
It is contended that the receiver of the railroad company, not being in any sense a party to the record, had…
2Cases cited1 opinion
- Barker v. MaxwellSupreme Court of Pennsylvania · 1839
3Cited by7 opinions
- Walsh v. Oregon Railway & Navigation Co.Oregon Supreme Court · 1882
- Austin & N. W. R. R. Co. v. Rucker & MontgomeryTexas Supreme Court · 1883
- Pittsburg Testing Laboratory, Ltd. v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1901
- Dreutzer v. LawrenceWisconsin Supreme Court · 1883
- McGrath Construction Compact v. Waupaca-Green Bay Railway Co.Wisconsin Supreme Court · 1912
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