Parsons v. Balson
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Eond du Lac county: Chester A. Eowlee, Circuit Judge. On tbe 15th. day of June, 1876, one Henry D. Parsons made a will giving all his property to his wife, Cynthia A. Parsons. The will was kept in a tin box to which no persons had access except the testator and his wife. The box and its ■contents were on the 5th day of April, 1887, destroyed by a fire which burned the residence of said Parsons.
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Appeal from a judgment of the circuit court for Eond du Lac county: Chester A. Eowlee, Circuit Judge. On tbe 15th. day of June, 1876, one Henry D. Parsons made a will giving all his property to his wife, Cynthia A. Parsons. The will was kept in a tin box to which no persons had access except the testator and his wife. The box and its ■contents were on the 5th day of April, 1887, destroyed by a fire which burned the residence of said Parsons. After the ■destruction of the will, and on the 10th day of November, 1887, Henry D. Parsons and his wife adopted the respondent, Lafayette B. Parsons.…
1Opinion of the CourtEeewik-, J.
1. The first error assigned is the refusal of the court to dismiss the appeal for want of prosecution. Sec. 4038, Stats. 1898, provides that, if the appellant shall fail to prosecute his appeal with reasonable diligence, the circuit court, on motion of any person interested, shall dismiss the appeal or affirm the judgment or act appealed from, as such court shall deem just. The question presented here under this assignment of error is whether the court below abused its discretion in refusing to dismiss the appeal. It appears from the record that the appeal was pending for about five years…
2Cases cited25 opinions
- Brook v. ChappellWisconsin Supreme Court · 1874
- Bond v. LockwoodIllinois Supreme Court · 1864
- Ferguson v. LowerySupreme Court of Alabama · 1875
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- In re Valentine's WillWisconsin Supreme Court · 1896
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