Legal Opinion

Witter v. Lyon

Wisconsin Supreme Court

Decided January 15, 1874PublishedCited by 18 opinions

APPEAL from the Circuit Court for Wood County. Chapter 210, P. & L. Laws of 1870, provided that the proper officers of Wood county might issue the bonds of that-county, on certain conditions, for the purpose of aiding in the construction of a certain railroad into the city of Grand Rapids or village of Centraba; appointed the respondents in this action commissioners, to be known as the board of railroad commissioners of Wood county; made it their duty to take charge of the…

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APPEAL from the Circuit Court for Wood County. Chapter 210, P. & L. Laws of 1870, provided that the proper officers of Wood county might issue the bonds of that-county, on certain conditions, for the purpose of aiding in the construction of a certain railroad into the city of Grand Rapids or village of Centraba; appointed the respondents in this action commissioners, to be known as the board of railroad commissioners of Wood county; made it their duty to take charge of the fund to be created; provided that a majority should constitute a quorum; and empowered them to make their own rules of…

1Opinion of the CourtDixoN, C. J.

The statute (sea 10, eh. 264, Laws of 1860; 2 Tay. Stats., 1635, § 11), among others, gives an appeal to this court from “ a final order affecting a substantial right, made in special proceedings,” and “ when an order grants, refuses, continues or modifies a provisional remedy.”

In Ernst v. The Steamer Brooklyn, 24 Wis., 616, the writer, after having quoted the definitions of the statute (§§ 2, 3, eh. 122, R. S.; 2 Tay. Stats., 14Í7, §§ 2, 3), that “ an action is an *574ordinary proceeding in a court of justice, by which a party prosecutes another party for the enforcement or protection of a…

2Cases cited6 opinions

  1. Albany City Bank v. SchermerhornNew York Court of Chancery · 1842
  2. People v. SalomonIllinois Supreme Court · 1870
  3. Noonan v. OrtonWisconsin Supreme Court · 1871
  4. Ernst v. SteamerWisconsin Supreme Court · 1869
  5. Poertner v. RusselWisconsin Supreme Court · 1873

1 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Warner v. MartinSupreme Court of Georgia · 1905
  2. State ex rel. Chicago, Burlington & Quincy Railroad v. BlandSupreme Court of Missouri · 1905
  3. Anderson v. EnglehartWyoming Supreme Court · 1909
  4. State ex rel. Meggett v. O'NeillWisconsin Supreme Court · 1899
  5. Emerson v. HussWisconsin Supreme Court · 1906

13 more not listed; retrieve them via the Exa API.

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