Legal Opinion

Leadbetter v. Laird

Wisconsin Supreme Court

Decided August 15, 1878PublishedCited by 2 opinions

APPEAL from the Circuit Court for Grant County. The defendants appealed from an order overruling their demurrer to the complaint. The case is sufficiently stated in the opinion.

1Opinion of the CourtNtaN, C. J.

This appeal from an order overruling a demurrer must be dismissed, -because it was not taken within thirty days after notice of the order.

The learned counsel for the appellants contends that, because the order was subsequently amended, and the appeal is from the amended order, the dime for taking the appeal should not begin to run until notice of the order as amended. The court is unable to adopt his view.

The time for appealing from every appealable order begins to run from notice of that order. If such an order be amended by a subsequent order, the latter may be appealable, but it cannot…

2Cited by2 opinions

  1. Evans v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1882
  2. Hall v. GilmanWisconsin Supreme Court · 1895

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