Hoffman & Billings Manufacturing Co. v. Burdick
Wisconsin Supreme Court
Appeal from an order of the circuit court for Waupaca county: Chas. M. Webb, Circuit Judge. This was an action of replevin to recover possession of a stationary engine which formed the motive power 'of an electric lighting plant at New London. Judgment by default was rendered for the plaintiff, adjudging return of the engine or the recovery of $1,200, the adjudged value, in case delivery could not be had.
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Appeal from an order of the circuit court for Waupaca county: Chas. M. Webb, Circuit Judge. This was an action of replevin to recover possession of a stationary engine which formed the motive power 'of an electric lighting plant at New London. Judgment by default was rendered for the plaintiff, adjudging return of the engine or the recovery of $1,200, the adjudged value, in case delivery could not be had. The judgment was paid two days later by one Sherman, the owner of the real estate. It appears that afterwards the defendants moved upon affidavits for an order vacating the judgment. The…
1Opinion of the CourtWiNslow, J.
The affidavits upon which the order appealed from was founded are not returned with the record, *343and it affirmatively appears by the certificate of the clerk that they were never filed. Thus the papers upon which the court acted in making the order are not before us. In. such case it is well settled that the court will dismiss the appeal because the return is insufficient to enable the court to review the order appealed from. Glover v. Wells & M. Grain Co. 93 Wis. 13. It is the appellant’s duty to see that the proper return is made to this court. He could have obtained an order authorizing the…
2Cases cited2 opinions
- Tyson v. TysonWisconsin Supreme Court · 1896
- Glover v. Wells & Mulrooney Grain Co.Wisconsin Supreme Court · 1896
3Cited by8 opinions
- Schroeder v. StateWisconsin Supreme Court · 1936
- Tenney v. City of MadisonWisconsin Supreme Court · 1898
- Superior Consolidated Land Co. v. City of SuperiorWisconsin Supreme Court · 1899
- Colle v. Kewaunee, Green Bay & Western RailroadWisconsin Supreme Court · 1912
- Ryan v. PhilippiWisconsin Supreme Court · 1900
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