In re the appeals of Newland & Daniels
Wisconsin Supreme Court
ERROR to the Circuit Court for Bode Countjc The county court of Rock county, on petition of the administrator of one Sprague, ordered a sale of lands belonging to the estate of the deceased.
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ERROR to the Circuit Court for Bode Countjc The county court of Rock county, on petition of the administrator of one Sprague, ordered a sale of lands belonging to the estate of the deceased. Erom this order Newland and Daniels each appealed to the circuit court for that county, and that court made an order, in which, after stating that the cause had been brought on to trial, without a jury, by stipulation of the parties, and that the allegations and proofs of both parties had been duly heard and considered, and that it appeared that there were no sufficient grounds for reversing said order,…
1Opinion of the Court
By the Court,
Paistb, J.
The order of the circuit court dismissing the appeal from the county court, must be reversed. Such an order would have been proper if the appeal from the county court had not been properly perfected. But it was not dismissed for that reason. On the contrary, there was a hearing on the merits, and the judge gives as a reason for dismissing the appeal, the fact that he found no sufficient reason for reversing the order. If that was so, then the order should have been affirmed, and not the appeal dismissed. R. S., 184-9, chap. 85, § 84. The question has occurred to us,…
2Cited by1 opinion
- Betts v. SholtonWisconsin Supreme Court · 1869