Rossiter v. Ætna Life Insurance
Wisconsin Supreme Court
Appeal from, an order of the circuit court for Dane county: R. G. SiebecKeb, Circuit Judge. This was an action to recover the amount of a policy of life insurance, in which, the plaintiff had judgment for the amount claimed, which was reversed by this court, with $227.75 costs, October 22, 1895, and the case was remanded for a new trial. 91 Vis. 121-130. The plaintiff paid the costs of the clerk of this court, $14.75, and, without paying the residue, procured the case to be…
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Appeal from, an order of the circuit court for Dane county: R. G. SiebecKeb, Circuit Judge. This was an action to recover the amount of a policy of life insurance, in which, the plaintiff had judgment for the amount claimed, which was reversed by this court, with $227.75 costs, October 22, 1895, and the case was remanded for a new trial. 91 Vis. 121-130. The plaintiff paid the costs of the clerk of this court, $14.75, and, without paying the residue, procured the case to be remitted to the trial court, September 9, 1896, and noticed the cause for trial, and it was placed on the trial calendar…
1Opinion of the CourtPiNNey, J.
In order to sustain its appeal, the appellant is obliged to contend that the order in question is appealable under subd. 3, sec. 3069, R. S., as amended by ch. 212, Laws of 1895, which provides for an appeal “ when an order grants, refuses, continues, or dissolves an injunction.” The argument is, in brief, that as an injunction is defined “ as a judicial process, whereby a' party is required to do a particular *468thing, or to refrain from doing a particular thing, according to the exigency of the writ” (2 Story, Eq. Jur. § 861), and as by statute the writ of injunction is abolished and now “is a…
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