Strange v. Harwood
Wisconsin Supreme Court
Appeal from an order of the circuit court for Outagamie county: Edgar V. Werner, Circuit Judge. This action was begun by the plaintiff to recover damages alleged to have been received as a result of the negligent conduct of the defendant in driving and operating his automobile upon the public highways in violation of the provisions of the laws of the state.
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Appeal from an order of the circuit court for Outagamie county: Edgar V. Werner, Circuit Judge. This action was begun by the plaintiff to recover damages alleged to have been received as a result of the negligent conduct of the defendant in driving and operating his automobile upon the public highways in violation of the provisions of the laws of the state. To the plaintiff’s complaint the defendant demurred, and upon the hearing an order was entered overruling the demurrer, giving the defendant leave to answer within twenty days upon payment' of $10 costs. The demurrer was upon the ground…
1Opinion of the CourtRosenberry, J.
So far as we are advised, -the motion made by plaintiff in this case presents to this court a.new question. It is the contention of the defendant that, having followed the statutes and practice relating to an appeal from an order overruling a demurrer, he has a right to an orderly procedure and time to present his arguments in proper form before this court, and that the granting of plaintiff’s motion would deny him this right.
Sec. 3069, Stats., provides that an appeal may be taken from’an order which sustains or overrules a demurrer.' In taking the appeal defendant was within his legal…
2Cases cited13 opinions
- Borgnis v. Falk Co.Wisconsin Supreme Court · 1911
- Steele v. CulverSupreme Court of the United States · 1908
- Frame v. PlumbWisconsin Supreme Court · 1909
- Johnson v. St. Paul City Railway Co.Supreme Court of Minnesota · 1897
- Ex parte PageWest Virginia Supreme Court · 1916
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