Krall v. Lull

This appeal, being on the calendar of last term, was affirmed under the rule, for nonappearance of the appellant.

The appellant makes this motion at this term, within sixty days after the affirmance (R. S., § 3071), in the nature of a motion for a rehearing (Bonin v. Railway Co., 43 Wis., 210), to reinstate the appeal.

The failure of the appellant to prepare for the hearing of the appeal was manifestly owing to a misunderstanding between the counsel of the respective parties. And the appellant ought to be relieved on terms, if he can he.

The question is, whether the statute authorizing the…