Dunbar v. Hollinshead
Wisconsin Supreme Court
APPEAL PROM CIRCUIT COURT, DODGE COUNTY. This was an action of replevin, commenced by Hezekiah Dunbar against James W. Hollinshead, for a steer, in which verdict and judgment were given for the plaintiff. At the next term of the court the defendant made this motion for a new trial, founded on the affidavit of the defendant, and on the minutes of the judge taken at the trial, of the evidence of five witnesses. The motion was granted, and the plaintiff appealed.
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APPEAL PROM CIRCUIT COURT, DODGE COUNTY. This was an action of replevin, commenced by Hezekiah Dunbar against James W. Hollinshead, for a steer, in which verdict and judgment were given for the plaintiff. At the next term of the court the defendant made this motion for a new trial, founded on the affidavit of the defendant, and on the minutes of the judge taken at the trial, of the evidence of five witnesses. The motion was granted, and the plaintiff appealed. The other facts may be gathered from the opinion of the court.
1Opinion of the Court
By the Court,
Dixon, C. J.
This is an appeal from an order of the circuit court, granting a new trial. In it there is *506presented a preliminary question of practice. It is whether in cases where an appeal to this court is given from an order of the circuit court, an exception to such order is necessary, for the purpose of enabling this court to review it. The practice of making and settling a bill of exceptions, in such cases, has, to a considerable extent, prevailed; but. the question here raised has not, as we are aware, been directly passed upon by this court. The decisions of this court,…
2Cases cited6 opinions
- Mann v. CliftonIndiana Supreme Court · 1833
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- Worden v. MitchellWisconsin Supreme Court · 1859
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3Cited by6 opinions
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- State v. LeppereWisconsin Supreme Court · 1886
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