Clark v. Fox & Wisconsin Improvement Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Tfrere was a judgment of discontinuance in this cause as to all tire defendants, on the motion of the attorney for several of them; and the jDlaintiff appealed.
1Opinion of the CourtCole, J.
There can he no doubt hut this action was rightly dismissed as to those defendants represented by Mr. Hooper. It appears that he, in behalf of his clients, filed a demurrer to the complaint on the 18th day of March, and that this was the last pleading in the cause. Subsequently he served upon the plaintiff’s attorney notice of a motion which he should make on behalf of the defendants whom he represented, at the next term of court, for judgment of discontinuance as to said defendants, because the summons had not been filed with the clerk of the court, and because the state tax had not been…
2Cited by3 opinions
- Central Branch Union Pacific Railroad v. ShoupSupreme Court of Kansas · 1882
- Eaton v. Supervisors of Manitowoc CountyWisconsin Supreme Court · 1877
- Daneri v. GazzolaCalifornia Court of Appeal · 1905