Vibbert v. Shepard
Wisconsin Supreme Court
APPEAL from the Circuit Court for Green Lalce County. Vibbert obtained a judgment against Shepard before a justice of the peace, on the 7th of December, 1858, from which Shepard appealed; and the return of the justice was filed January, 1859. The case was not noticed for trial by either party until the 10th of December, 1859, when Shepard noticed it for trial at the March term, 1860; at which term, on motion of Vibbert, the court dismissed the appeal for want of prosecution.
1Opinion of the Court
By the Court,
Dixosr, C. J.
Appeal from an order of the circuit court dismissing an appeal from the judgment of a justice of the peace, under section 216, chap. 120, Revised Statutes, for want of prosecution. Two regular terms having passed, after the return, before the cause was noticed and placed upon the calendar, the plaintiff, who was the respondent below, moved to dismiss for that reason, which motion was granted.
*107For the defendant it is contended, that the words “the second term" signify the second term of court held after action is noticed and put on the calendar; and that as the…
2Cited by2 opinions
- Holt v. ColemanWisconsin Supreme Court · 1884
- Webster v. School District No. 4Wisconsin Supreme Court · 1862