Brunson v. Burnett
Wisconsin Supreme Court
ERROR to tbe District Court for Grant County. The proceedings in this case were originally commenced before the judge of probate of Grant county, the matter in controversy being the estate and an alleged nuncupative will of the late Thomas P. Burnett.
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ERROR to tbe District Court for Grant County. The proceedings in this case were originally commenced before the judge of probate of Grant county, the matter in controversy being the estate and an alleged nuncupative will of the late Thomas P. Burnett. From the decision of the probate judge an appeal was taken to the Grant county district court, the judge of which court (the late Territorial Chief Justice DuNN) affirmed the decision of the probate judge ; and, on this judgment or decree, a writ of error was brought to this court. moved to dismiss, on the ground that a writ of error did not lie…
1Opinion of the Court
Stow, C. J.,
delivered an oral opinion denying the motion, remarking, that it was of no moment which proceeding, a writ of error or an appeal, was pursued ; that it was one of those cases where it was of more importance that the rule should be settled, than what that rule was ; and that, in the absence of authority or precedent, the court felt at liberty to adopt such a course as was deemed most expedient; and that, on the whole, a writ of error was preferable to an appeal.
Motion denied.
2Cited by2 opinions
- In re HaneyWisconsin Supreme Court · 1861
- Jackson v. StateWisconsin Supreme Court · 1896