Trowbridge v. Sickler
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Fond du Lao County. Replevin. Defendant appealed from an order setting aside an order, previously made on his motion, dismissing the action and directing an assessment by a jury of the value of the property taken by the writ. The case is more fully stated in the opinion.
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APPEAL from tbe Circuit Court for Fond du Lao County. Replevin. Defendant appealed from an order setting aside an order, previously made on his motion, dismissing the action and directing an assessment by a jury of the value of the property taken by the writ. The case is more fully stated in the opinion. They argued that the statute (R. S., sec. 3072), by its terms, makes an order of dismissal nisi.1 It impliedly requires the party claiming the benefit thereof to call upon the party guilty of laches, to show cause why the order of dismissal should not he made absolute; and the latter, if he…
1Opinion of the CourtObtos, J.
In this case, upon appeal to this court, the judgment was reversed and a new trial ordered; but the record still remains in this court, and has not been transmitted to the circuit court, and no remittitur from this court has been filed with the cleric of that court. More than one year had elapsed since the date of such order for a new trial, -when, upon motion of the counsel of the appellant, the defendant in the action, the circuit court made an order dismissing the action, and for an assessment, by a jury, of the value of the property taken by the writ of replevin, and such assessment was…
2Cases cited5 opinions
- Legg v. OverbaghCourt for the Trial of Impeachments and Correction of Errors · 1830
- McGregor v. James BuellNew York Court of Appeals · 1864
- Dresser v. Brooks.New York Court of Appeals · 1850
- Lawrence v. Bank of the RepublicThe Superior Court of New York City · 1866
- Vermilye v. SeldonThe Superior Court of New York City · 1851
3Cited by7 opinions
- Ott v. BoringWisconsin Supreme Court · 1907
- Horton v. State ex rel. HaydenNebraska Supreme Court · 1901
- Casner v. San Diego Trust & Savings BankCalifornia Court of Appeal · 1939
- Pickel v. PickelSupreme Court of Missouri · 1913
- State v. NeutzWisconsin Supreme Court · 1976
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