Thompson v. Thompson
Wisconsin Supreme Court
APPEAL from the Circuit Court for La Fayette County. Tliis case was brought before the circuit court on appeal from an order of the county court admitting the will of Bob'ert Thompson to probate. Upon cross-motions, the circuit court, on grounds stated in the opinion, refused the contestants, William and James Thompson, leave to file a new appeal bond as of the day when the first was filed, and dismissed the appeal.
Read the full summary
APPEAL from the Circuit Court for La Fayette County. Tliis case was brought before the circuit court on appeal from an order of the county court admitting the will of Bob'ert Thompson to probate. Upon cross-motions, the circuit court, on grounds stated in the opinion, refused the contestants, William and James Thompson, leave to file a new appeal bond as of the day when the first was filed, and dismissed the appeal. Prom this order the contestants appealed. [No brief on file.]
1Opinion of the CourtCole, J.
We are of the opinion that the circuit court never acquired jurisdiction of the. appeal. The statute requires a person appealing from an order or judgment of the judge of the county court, to file, within sixty days from the date of the. act appealed from, his notice of appeal, together with a bond to the adverse party, in such penalty and with such surety or sureties as the county judge shall approve, conditioned as therein prescribed. Secs. 24 and 25, ch. 117, R. S. This must be done in order to perfect the appeal and remove the cause to the circuit court. The bond in this case did not run…
2Cases cited2 opinions
- Bonesteel v. OrvisWisconsin Supreme Court · 1866
- Nelson v. ClonglandWisconsin Supreme Court · 1862
3Cited by5 opinions
- Drinkwine v. City of Eau ClaireWisconsin Supreme Court · 1892
- Burger v. SinclairNorth Dakota Supreme Court · 1912
- Ten Brook v. MaxwellIndiana Court of Appeals · 1892
- In re Will of SomervaillWisconsin Supreme Court · 1899
- Ellis v. Barron CountyWisconsin Supreme Court · 1901