Whereatt v. Ellis
Wisconsin Supreme Court
APPEAL from the Circuit Court for Treuvpáaleau County. On November 22, 1887,.an order of the circuit court in this action in favor of plaintiff was reversed by this court on the appeal of defendant, and the cause remanded with directions to award a new trial. 70 Wis. 207. On January 27, 1888, the defendant paid the clerk’s fees in this court, and procured the record to be transmitted to, and filed in, the circuit court.
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APPEAL from the Circuit Court for Treuvpáaleau County. On November 22, 1887,.an order of the circuit court in this action in favor of plaintiff was reversed by this court on the appeal of defendant, and the cause remanded with directions to award a new trial. 70 Wis. 207. On January 27, 1888, the defendant paid the clerk’s fees in this court, and procured the record to be transmitted to, and filed in, the circuit court. Yarious proceedings were thereafter taken in the circuit court by both parties, commencing with a notice by defendant requiring the plaintiff to appear and submit to an…
1Opinion of the Court
LtoN, 0. J.
The motions of defendant to dismiss the complaint are based upon the following statutes: “ SisctioN 3072. In every case, in error or on appeal, in which the supreme court shall order a new trial or further proceedings in the court below, the record shall be transmitted to such court, and proceedings had thereon, within one year from the date of such order in the supreme court, or in default thereof the action shall be dismissed, unless, upon good cause shown, the court shall otherwise order. SectioN 3072<z. It shall be the duty of the plaintiff in any action or proceeding, when a…
2Cases cited1 opinion
- Packard v. BackusWisconsin Supreme Court · 1892
3Cited by6 opinions
- Christianson v. Pioneer Furniture Co.Wisconsin Supreme Court · 1898
- State ex rel. Mitchell v. JohnsonWisconsin Supreme Court · 1899
- Parkes v. LindenmannWisconsin Supreme Court · 1915
- Raymond v. KesebergWisconsin Supreme Court · 1898
- Kerrigan v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1902
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