Doty v. Strong
Wisconsin Supreme Court
ERROR to the District Court for Dane County. At the November term, 1841, ©f the district court for Dane county, Strong obtained judgment in an action of assumpsit against Doty, Jones and Irwin, to reverse which Doty alone prosecuted a writ of error and entered in a bond for a supersedeas in his own name, without joining his co-defendants in the original action.
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ERROR to the District Court for Dane County. At the November term, 1841, ©f the district court for Dane county, Strong obtained judgment in an action of assumpsit against Doty, Jones and Irwin, to reverse which Doty alone prosecuted a writ of error and entered in a bond for a supersedeas in his own name, without joining his co-defendants in the original action. The defendant in error moved the court to quash the writ and dismiss the cause; because, “1st. The writ of error is prosecuted in the name of Doty alone, although the judgment which it is brought to reverse is against the said Doty,…
1Opinion of the CourtDunn, C. J.
The defendant in error moved the court to dismiss the writ of error herein for two reasons: “ 1st. The writ of error is prosecuted in the name of Doty alone, although the judgment which it was brought to reverse was against the said Doty, Jones and Irwin; 2d. The bond for supersedeas is informal and insufficiént.”
The record in this case from the district court of Dane county shows that at the November term of 1841 of said court, a judgment was rendered in favor of the said defendant in error, Strong, against the said plaintiff in error, James D. Doty, Alexander J. Irwin and David Jones. To…
2Cases cited1 opinion
- Cox and Dick v. United StatesSupreme Court of the United States · 1832
3Cited by2 opinions
- Huebschmann v. CotzhausenWisconsin Supreme Court · 1900
- Arnold v. PikeWisconsin Supreme Court · 1913