Bacon v. Bicknell
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Jefferson County. Action commenced in 1859 on a note in the following form : “ Waukesba, July 10, 1854. Due W. D. Bacon or bearer one hundred dollars, six months from date, with interest at 12 per cent until paid. Sauford Bickhell, Elias Curtis.” There was an answer by both defendants, setting up a counter-claim, and a reply in denial.
Read the full summary
APPEAL from tbe Circuit Court for Jefferson County. Action commenced in 1859 on a note in the following form : “ Waukesba, July 10, 1854. Due W. D. Bacon or bearer one hundred dollars, six months from date, with interest at 12 per cent until paid. Sauford Bickhell, Elias Curtis.” There was an answer by both defendants, setting up a counter-claim, and a reply in denial. When the cause was called at the September term, 1861, the court made an order reciting that it appeared by an affidavit of said Curtis that in August, 1861, he enrolled himself a member of the First Regiment of Wisconsin…
1Opinion of the Court
By the Court,
Oole, J.
We are of the opinion that it was not necessary for the court to vaóate the order staying proceedings before it proceeded to try the cause. Proceeding to try the cause was practically setting aside the order. The order was granted by the court itself, and when it proceeded to try the cause, it revoked the order so far as Bicknell was concerned. It is not analogous to the cases cited by the counsel, which hold that even an improvident or irregular order must be obeyed until set aside on a direct application for that purpose. The reason of this rule of practice is, that…
2Cited by2 opinions
- Heaton v. SchaefferSupreme Court of Oklahoma · 1912
- Brawley v. MitchellWisconsin Supreme Court · 1896