Russel v. Bartlett
Wisconsin Supreme Court
APPEAL PROM CIRCUXT COURT, DANE COUNTV. This was an action in chancery, commenced before the adoption of the code, but tried and judgment rendered after-wards.
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APPEAL PROM CIRCUXT COURT, DANE COUNTV. This was an action in chancery, commenced before the adoption of the code, but tried and judgment rendered after-wards. The appellant supposing that the appeal was to be perfected according to the law as it stood when the action was commenced, applied to the circuit court and obtained an order fixing the amount of the bond on.appeal at $200. This bond was given and the papers sent up to this court. moved to dismiss the appeal on the ground that no undertaking in the sum of $250, as required by the statute, had been filed or served upon the respondent.…
1Opinion of the Court
■ By the Court,
Dixon, C. J.
It appears that the appellant, *557in good faith, attempted to take his appeal, but through the mistake of the practice in such cases, failed to file and serve a copy of the necessary undertaking. His application to do so at this time will therefore be granted, pursuant to § 4, chap. 139, of the Rev. Stat., 1858.
2Cited by3 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Northwestern Mutual Life Insurance v. Park Hotel Co.Wisconsin Supreme Court · 1875
- Burger v. SinclairNorth Dakota Supreme Court · 1912