Wolf v. Green Bay, Oshkosh, Madison & Southwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Shawano county: JohN GoodlaNd, Circuit Judge. This is a proceeding’ for acquiring a strip of land across the farm of the respondents as a right of way for the appellant railway company.
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Appeal from a judgment of tbe circuit court for Shawano county: JohN GoodlaNd, Circuit Judge. This is a proceeding’ for acquiring a strip of land across the farm of the respondents as a right of way for the appellant railway company. Upon the appeal from the award of the commissioners appointed to appraise the damages, the jury in the circuit court awarded the respondents $115 as the value of the strip of land taken and $575 as the damages suffered by the remainder of respondents’ farm by the taking. The commissioners had awarded $103.80 as the value of the strip taken and $50 as the damages…
1Opinion of the Court
SiebeckeR, T.
The objection to the entry of judgment because no order appears of record directing the clerk to enter judgment cannot prevail. This is a proceeding in a court of general jurisdiction and no question of want of jurisdiction *340is raised. Under such circumstances the rule is that, though every step necessary to regularity may not appear of record, the presumption, in the absence of a contrary showing, is that, the necessary steps were taken for the entry of judgment. Falkner v. Guild, 10 Wis. 563; In re Marchant's Estate, 121 Wis. 526, 99 N. W. 320. It does not appear that the…
2Cases cited2 opinions
- Falkner v. GuildWisconsin Supreme Court · 1860
- In re Marchant's EstateWisconsin Supreme Court · 1904
3Cited by2 opinions
- Diehl v. HeimannWisconsin Supreme Court · 1945
- Pooley v. LeithSouth Dakota Supreme Court · 1934