Eureka Steam Heating Co. v. Sloteman
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. The following statement of the case was prepared by Mr. Justice Cassoday: November 9, 1885, this action was commenced in the county court for Milwaukee county against the defendant Sloteman alone, and certain property, appraised at $2,294.35, was attached, upon an affidavit therein in substance as follows: “E L. D. Kelley, being duly sworn, says that he is the agent of the above-named plaintiff and makes this affidavit on its…
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APPEAL from the County Court of Milwaukee County. The following statement of the case was prepared by Mr. Justice Cassoday: November 9, 1885, this action was commenced in the county court for Milwaukee county against the defendant Sloteman alone, and certain property, appraised at $2,294.35, was attached, upon an affidavit therein in substance as follows: “E L. D. Kelley, being duly sworn, says that he is the agent of the above-named plaintiff and makes this affidavit on its behalf and at its request; that the above-named defendant is indebted to the said plaintiff in a sum exceeding fifty…
1Opinion of the CourtCassoday, J.
1. The notice served on the attorney for the defendants, March. 12, 1886, though a portion of it was in the form of a notice of appeal, could not have that effect for several reasons. It was not accompanied by an undertaking as required by sec. 3052, R. S., and hence, as a notice of appeal merely, was ineffectual “ for any purpose.” The order or judgment on the traverse was not in fact entered until the next day, and hence that notice might, perhaps, have been regarded as premature had it been accompanied by an undertaking. Besides, “ an appeal must be taken by serving a notice” of appeal “on…
2Cases cited6 opinions
- McGregor v. PearsonWisconsin Supreme Court · 1881
- Davidson v. HackettWisconsin Supreme Court · 1880
- Lord v. DevendorfWisconsin Supreme Court · 1882
- Howitt v. BlodgettWisconsin Supreme Court · 1884
- Williams v. StewartWisconsin Supreme Court · 1854
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
- Browning v. GosnellSupreme Court of Iowa · 1894
- Day v. BuckinghamWisconsin Supreme Court · 1894
- State v. ChaconNew Mexico Supreme Court · 1914
- Mackin v. MaddenWisconsin Supreme Court · 1899
10 more not listed; retrieve them via the Exa API.