Kelly v. Town of Fond du Lac
Wisconsin Supreme Court
MOTION to strike out the bill of exceptions. The defendant failed to serve a bill of exceptions within sixty days after notice of the judgment; but, upon satisfactory excuse shown, the court allowed the bill to be served and settled afterward.
1Opinion of the CourtLyon, J.
Motion to strike bill of exceptions from the judgment roll in the action. The question presented by this motion is, whether tho circuit has power to grant an order, after the expiration of sixty days from the service of written notice of *440the entry of judgment, giving the appellant leave to serve a bill of exceptions and to have the same settled. The ease of Smith v. Smith, 19 Wis., 522, is decisive of this question, and resolves it in the affirmative. That was a case of exceptions to the report of a referee. The law gives a party ten days after written notice of the filing of the report, in…
2Cases cited1 opinion
- Smith v. SmithWisconsin Supreme Court · 1865
3Cited by7 opinions
- Pellage v. PellageWisconsin Supreme Court · 1873
- Shafer v. City of Eau ClaireWisconsin Supreme Court · 1900
- Evans v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1882
- Board of Supervisors v. PabstWisconsin Supreme Court · 1885
- Coffee v. HarrisWyoming Supreme Court · 1921
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