Colle v. Kewaunee, Green Bay & Western Railroad
Wisconsin Supreme Court
Appeal from an order of the cirenit court for Brown county: S. D. Hastings, Cirenit Judge. There was a verdict for defendant June 16, 1910. Several days thereafter plaintiff’s counsel filed a motion for a new trial.
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Appeal from an order of the cirenit court for Brown county: S. D. Hastings, Cirenit Judge. There was a verdict for defendant June 16, 1910. Several days thereafter plaintiff’s counsel filed a motion for a new trial. It was entered on the court record and a copy was served on defendant’s attorney; but it was not brought to the court’s attention or entered on the court journal, nor was there any formal stay of proceedings to give time for hearing it or settling a bill of exceptions. After considerable delay, defendant’s attorneys, by written communication, suggested to plaintiff’s attorneys…
1Opinion of the Court
MaRshali,, J.
Counsel for tbe respective parties, at tbe court’s suggestion, having joined in completing tbe record as regards tbe missing affidavit and waiving defects in tbe certification of tbe papers here, tbe appeal might be disposed of on the merits without discussing questions raised on tbe motion to dismiss. However, tbe time seems opportune for stating, definitely, tbe policy of tbe court as to such errors as, a defective clerk’s certificate, failure to so arrange tbe papers as to show, definitely, to what tbe certificate relates and connect them with tbe subject for consideration,…
2Cases cited10 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Carpenter v. ShepardsonWisconsin Supreme Court · 1877
- Glover v. Wells & Mulrooney Grain Co.Wisconsin Supreme Court · 1896
- Tenney v. City of MadisonWisconsin Supreme Court · 1898
- Western Mattress Co. v. OstergaardNebraska Supreme Court · 1904
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Ward v. Board of Trustees of Racine CollegeWisconsin Supreme Court · 1922
- Pacific National Fire Insurance v. IrmigerWisconsin Supreme Court · 1949
- Stryk v. MnichowiczWisconsin Supreme Court · 1918
- Scaramelli & Co. v. Courteen Seed Co.Wisconsin Supreme Court · 1928