Legal Opinion

Same v. Same

Wisconsin Supreme Court

Decided June 15, 1859PublishedCited by 7 opinions

The preceding appeal appointing a receiver being before this court on the 23d day of June, 1854, the counsel for the respondent made the following motion in the case: “And now at this day comes the said appellee, by Ifnowl-ton, Knapp & Collins, his solicitors and counsel, and moves this court to vacate the order of this court heretofore made on the 26th day of December, A. D. 1851, whereby this court overruled the motion of this appellee before that time made, to dismiss the…

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The preceding appeal appointing a receiver being before this court on the 23d day of June, 1854, the counsel for the respondent made the following motion in the case: “And now at this day comes the said appellee, by Ifnowl-ton, Knapp & Collins, his solicitors and counsel, and moves this court to vacate the order of this court heretofore made on the 26th day of December, A. D. 1851, whereby this court overruled the motion of this appellee before that time made, to dismiss the appeal of the said Caleb Cushing, then pending in this court, because said appeal had not been taken within the time…

1Opinion of the Court

*326By the Court,

Whiton, C. J.

This is a motion to set aside an order made in the supreme court on the 26th day of December, A. D. 1851; and all the orders and decrees made in the supreme court subsequently to the entering of the order on the 26th of December. The order made on the 26th day of December, 1851, was a denial of a motion [made by Hun-gerford the appellee to dismiss the appeal then pending.]

The reason urged upon the court in support of this motion is, that the decision of the supreme court in question was erroneous, and that it had not at the time jurisdiction of the case, and of…

2Cases cited1 opinion

  1. Williams v. FieldWisconsin Supreme Court · 1853

3Cited by7 opinions

  1. Renick v. LudingtonWest Virginia Supreme Court · 1882
  2. Butler v. ThompsonWest Virginia Supreme Court · 1902
  3. Pringle v. DunnWisconsin Supreme Court · 1876
  4. Baker v. BakerWisconsin Supreme Court · 1883
  5. Brickner v. SporlederSupreme Court of Oklahoma · 1895

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