State ex rel. Linarys v. Dorwin

Defendant argues that the appeal was not timely. Judgment was entered on January 16, 1963. Notice of entry of judgment was given to plaintiff on March 21, 1963. Plaintiff filed his notice of appeal in the county court on July 11, 1963. Plaintiff is thus within the time prescribed by sec. 274.01, Stats., as that section existed prior to September 1, 1963. Defendant argues that sec. 324.04 governs this appeal as to time limit. However, this is a case of jurisdiction vested in the county court concurrent with the circuit court under sec. 253.11. In such a case sec. 274.01 applies rather than…