Collins v. Case
Wisconsin Supreme Court
APPEAL from the Circuit Court for Hacine County. The nature of this action and the general character of the judgment therein will be seen from the report in 23 Wis. 230-243, where this court affirms the judgment. It appears further that said judgment provided for the appointment of William H. Lathrop as a receiver, to whom Case was directed to pay over the sum adjudged to be in his hands belonging to certain parties to the action.
Read the full summary
APPEAL from the Circuit Court for Hacine County. The nature of this action and the general character of the judgment therein will be seen from the report in 23 Wis. 230-243, where this court affirms the judgment. It appears further that said judgment provided for the appointment of William H. Lathrop as a receiver, to whom Case was directed to pay over the sum adjudged to be in his hands belonging to certain parties to the action. It also contained' the following direction: “It is further ordered, that said William H. Lathrop, receiver, at said date or within a reasonable time thereafter, pay…
1Opinion of the CourtCole, J.
We have very grave doubts about the appealability of this order. The counsel for the appellants assumes that it is appealable, without any question. The counsel on the other side makes the point on his brief, that the order was one resting in the discretion of the court below, and that it cannot be brought to this court by appeal. But he does, not argue the point at all. The question is not free from difficulty, and an argument upon it might have cleared up doubts which we shall entertain.
If the order is appealable at all, it must be because it comes within the class mentioned in the second…
2Cited by1 opinion
- Union National Bank of Chicago v. MillsWisconsin Supreme Court · 1899