Herrick v. Racine Warehouse & Dock Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Judgment for the plaintiffs was rendered in this action June 4, 1875, and written notice thereof served on the 9th of the same month.
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APPEAL from the Circuit Court for Milwaukee County. Judgment for the plaintiffs was rendered in this action June 4, 1875, and written notice thereof served on the 9th of the same month. A. hill of exceptions was thereupon prepared by defendant’s attorney, and delivered to plaintiffs’ attorney; and it was agreed that the latter would prepare amendments thereto, and that the bill, when settled, should also be filed as the bill of exceptions in another action, by one Bentley against the same defendant, in which a like judgment had been entered. Plaintiffs’ attorney retained the proposed bill of…
1Opinion of the CourtRyan, C. J.
Section 9 of the appeal act limits the time of appeal from judgment to two years. And this court has no power to amend the statute by enlarging the time. Van Steenwyck v. Miller, 18 Wis., 320. If we had any discretion, we should assuredly exercise it in a case like this, where the right of appeal appears to have been lost by mere inadvertence. But, to give this court jurisdiction of an appeal, the return of the court below must show an appeal perfected within the time and in the manner prescribed by the statute. Yates v. Shepardson, 37 Wis., 315; Eaton v. Supervisors, 42 id., 317.
The learned…
2Cases cited3 opinions
- Humphrey v. . ChamberlainNew York Court of Appeals · 1854
- Yates v. ShepardsonWisconsin Supreme Court · 1875
- Van Steenwyck v. MillerWisconsin Supreme Court · 1864
3Cited by11 opinions
- Am. Nat. Bank of McAlester v. Mergenthaler LinotypeSupreme Court of Oklahoma · 1912
- Ruhland v. Supervisors of the Town of Hazel GreenWisconsin Supreme Court · 1882
- Atkins v. Nordyke-Marmon Co.Supreme Court of Kansas · 1899
- Munk v. AndersonWisconsin Supreme Court · 1896
- Filer & Stowell Co. v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1915
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