Delaplaine v. City of Madison
Wisconsin Supreme Court
ERROR TO THE DANE CIRCUIT COURT. This was a complaint as in equity filed'in the Dane Circuit Court subsequent to the adoption of the code, and prosecuted to a final decree or judgment. The plaintiffs’ counsel brought a writ of error, insisting that inasmuch as the code had abolished all distinction between suits at law and in equity, and as the constitution provided that writs of error should never be prohibited by law, he was entitled to his writ of error in all cases.
1Per curiam
The code does not enlarge the functions of a writ of error. This writ is peculiarly 'applicable to suits at law. Although the code provides for an appeal in all cases, yet it does not extend the writ of error to cases which, before its adoption were of pecular equitable cognizance. The constitution preserves the writ as it was before the code, but no further. The writ of error must be dismissed.
2Cited by4 opinions
- Crocker v. StateWisconsin Supreme Court · 1884
- Shannon v. StateWisconsin Supreme Court · 1864
- Steele v. GormanWisconsin Supreme Court · 1924
- Farmers Fire Insurance v. ConradWisconsin Supreme Court · 1899