State ex rel. Mitchell v. Johnson
Wisconsin Supreme Court
Mandamus to D. H. Johnson, Dudge of the Circuit Court for Milwaukee County. On October 22, 1897, this court reversed a judgment in favor of John S. Conway and against the relator. 97 Wis. 290. The costs upon such reversal were taxed at $216.20. Plaintiff paid the fees of the clerk of this court, and procured a remitütur to be filed, and noticed said cause for the October term of the circuit court for Milwaukee county, commencing October 3, 1898. On that day, in arranging the…
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Mandamus to D. H. Johnson, Dudge of the Circuit Court for Milwaukee County. On October 22, 1897, this court reversed a judgment in favor of John S. Conway and against the relator. 97 Wis. 290. The costs upon such reversal were taxed at $216.20. Plaintiff paid the fees of the clerk of this court, and procured a remitütur to be filed, and noticed said cause for the October term of the circuit court for Milwaukee county, commencing October 3, 1898. On that day, in arranging the calendar, the plaintiff requested, and defendant consented, that this cause be marked not to be taken up for trial…
1Opinion of the CourtDodge, J.
The statute (sec. 3072, Stats.-1898) is an imperative and mandatory one, and commands that if the defeated party, upon a reversal and direction by this court of a new trial, shall fail to pay the costs upon such reversal, to procure the record in said cause to be remitted to the trial court, or to bring the case to trial within one year after such reversal, unless the same be continued for cause, the complaint shall be dismissed. If each of these three steps are not complied with, the statute must be obeyed. “ Lex ita scripta est.” Christianson v. Pioneer F. Co. 101 Wis. 343, 346.
Doubtless…
2Cases cited8 opinions
- State ex rel. Fourth National Bank of Philadelphia v. JohnsonWisconsin Supreme Court · 1899
- Christianson v. Pioneer Furniture Co.Wisconsin Supreme Court · 1898
- State ex rel. Meggett v. O'NeillWisconsin Supreme Court · 1899
- State ex rel. Spence v. DickWisconsin Supreme Court · 1899
- Conway v. MitchellWisconsin Supreme Court · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State ex rel. City of Milwaukee v. LudwigWisconsin Supreme Court · 1900
- State ex rel. Umbreit v. HelmsWisconsin Supreme Court · 1908
- State Ex Rel. Sims v. CaruthersCourt of Criminal Appeals of Oklahoma · 1908
- State ex rel. McGovern v. WilliamsWisconsin Supreme Court · 1908
- Board of Com'rs of Harmon Cty. v. KeenSupreme Court of Oklahoma · 1944
11 more not listed; retrieve them via the Exa API.