Sanborn v. Perry
Wisconsin Supreme Court
APPEAL from the Circuit Court for Douglas County. On September 25, 1858, the plaintiff and one French recovered judgment in the district court for Eamsey county, Minnesota, against William Hollinshead for $3,674. That judgment was affirmed on appeal by the supreme court of Minnesota, July 23, 1859, and the same was docketed August 16, 1859, and has never been paid. On February 20, 1860, said French died, and the plaintiff became the owner of the entire judgment.
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APPEAL from the Circuit Court for Douglas County. On September 25, 1858, the plaintiff and one French recovered judgment in the district court for Eamsey county, Minnesota, against William Hollinshead for $3,674. That judgment was affirmed on appeal by the supreme court of Minnesota, July 23, 1859, and the same was docketed August 16, 1859, and has never been paid. On February 20, 1860, said French died, and the plaintiff became the owner of the entire judgment. On December 25, 1860, the said William Ilollinshead, being then and for a long time prior thereto a resident and citizen of said…
1Opinion of the Court
The following opinion was filed September 26, 1893:
Cassoday, J.
Counsel for the plaintiff moves to dismiss the appeal on the ground that it is taken from a mere interlocutory order by which the defendants are in no way aggrieved. But, as indicated in the foregoing statement, the *364appeal is from a judgment inflicting costs upon the defendants, and is clearly appealable. Cleveland v. Burnham, 60 Wis. 16; Sutton v. Wegner, 72 Wis. 294. The motion to dismiss is denied.
The question presented by the record turns upon the effect to be given to the disallowance of the plaintiff’s claim by the probate…
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