State ex rel. Orton v. McArthur
Wisconsin Supreme Court
APPLICATION for a Mandamus. In a suit in the circuit court for MilwcntTcee county by' Orton md another against Noonan and mother, tbe parties stipulated that it should be referred to certain persons to ascertain certain facts wbicb were in controversy, and to report thereon; and that “ the facts, estimates and measurements reported by said referees should, when so reported, be the finding of the court upon the same, md he signed hy the judge and filed with the papers in the…
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APPLICATION for a Mandamus. In a suit in the circuit court for MilwcntTcee county by' Orton md another against Noonan and mother, tbe parties stipulated that it should be referred to certain persons to ascertain certain facts wbicb were in controversy, and to report thereon; and that “ the facts, estimates and measurements reported by said referees should, when so reported, be the finding of the court upon the same, md he signed hy the judge and filed with the papers in the cause, and be a perpetual and conclusive record of such facts, estimates and measurements,” etc.; “ that said finding of…
1Opinion of the CourtCole, J.
On the appeal of tbe case of Noonan et al. v. Orton et al. (22 Wis. 84-92), we had occasion to consider to some extent the nature and effect of the stipulation entered into by the parties. We there held, that as to the matters submitted to the referees, the reference partook of the nature of a common law arbitration. The parties stipulated that the facts, estimates and measurements reported by the referees under and by virtue of the orders, should, when so reported, be the finding of the court upon the same, and be signed by the judge, and be filed with the papers in the cause, and be a…
2Cases cited2 opinions
- McFarlane v. CushmanWisconsin Supreme Court · 1865
- Noonan v. OrtonWisconsin Supreme Court · 1867
3Cited by4 opinions
- State ex rel. School District v. SamsNebraska Supreme Court · 1904
- Lyman v. MartinUtah Supreme Court · 1880
- Morgenthaler v. CritesAllen Circuit Court · 1890
- State ex rel. Bisbee v. Board of State CanvassersSupreme Court of Florida · 1879