Legal Opinion

Superior Consolidated Land Co. v. City of Superior

Wisconsin Supreme Court

Decided November 7, 1899PublishedCited by 6 opinions

Appeal from an order of the circuit court for Douglas county: A. J. TiNje, Circuit Judge. The action was brought against the defendant' county ta set aside taxes returned delinquent by the city treasurer of the city of Superior. Such city, upon a petition setting-forth its interest in the litigation, asked to be made a party defendant in order to answer the complaint and protect such interest. The motion was denied, and the city appealed.

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Appeal from an order of the circuit court for Douglas county: A. J. TiNje, Circuit Judge. The action was brought against the defendant' county ta set aside taxes returned delinquent by the city treasurer of the city of Superior. Such city, upon a petition setting-forth its interest in the litigation, asked to be made a party defendant in order to answer the complaint and protect such interest. The motion was denied, and the city appealed. The return on the appeal does not contain the original complaint. The cleric’s certificate is to-the effect that the papers returned are all the papers…

1Opinion of the CourtMaRshall, J.

The appeal must be dismissed for want of a proper return. Sec. 3050, Stats. 1898, provides that on an appeal from an order the clerk shall transmit to the supreme *464court, in addition to such order, the original papers used by each party on the application therefor, and, annexed thereto, a certificate under his hand and the seal of the court that they are the original papers or copies, as the case may be, and that they are transmitted pursuant to the appeal. The section further provides that copies of papers may be transmitted instead of the originals, by special direction of the ■court. The…

2Cases cited5 opinions

  1. Carpenter v. ShepardsonWisconsin Supreme Court · 1877
  2. Glover v. Wells & Mulrooney Grain Co.Wisconsin Supreme Court · 1896
  3. Tenney v. City of MadisonWisconsin Supreme Court · 1898
  4. Hoffman & Billings Manufacturing Co. v. BurdickWisconsin Supreme Court · 1897
  5. Flanders v. ShermanWisconsin Supreme Court · 1865

3Cited by6 opinions

  1. Ryan v. PhilippiWisconsin Supreme Court · 1900
  2. Garvin v. CrowleyWisconsin Supreme Court · 1903
  3. Glassbrenner v. GroulikWisconsin Supreme Court · 1901
  4. Schomberg Hardwood Lumber Co. v. EngelWisconsin Supreme Court · 1902
  5. Ellis v. City of AshlandWisconsin Supreme Court · 1903

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