Voss v. Stoll
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: J. C. Ludwig, Circuit Judge. Action commenced by one nonresident against two others to enforce a cause of action for wrongful conversion of personal property. Service of the summons was made on J ames S. Stoll, one of the defendants, while he was temporarily in this state solely to obtain medical treatment for something skin to insanity. Service was not made on the other defendant.
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Appeal from an order of the circuit court for Milwaukee county: J. C. Ludwig, Circuit Judge. Action commenced by one nonresident against two others to enforce a cause of action for wrongful conversion of personal property. Service of the summons was made on J ames S. Stoll, one of the defendants, while he was temporarily in this state solely to obtain medical treatment for something skin to insanity. Service was not made on the other defendant. The one served was duly arrested, pursuant to the statute in such cases. He secured his release by giving cash bail in the sum of $2,000. He appeared…
1Opinion of the CourtMarshall, J.
The order did not “terminate the action ■and prevent a judgment from which an appeal might be taken;” satisfying subd. 1, see. 3069, Stats. (1898). Unless it is a “final order affecting a substantial right,” made in a special proceeding; satisfying the next subdivision of the appeal statute, the appeal must be dismissed.
The cause of action was one which survives, as appears, under the law of the state where it arose as well as under the law of this state.
Sec. 2800, Stats. (1898), provides that “an action does not abate by the death of a party” thereto in such cases as this, but it may be…
2Cases cited5 opinions
- Supervisors of La Pointe v. O'MalleyWisconsin Supreme Court · 1879
- State v. Wisconsin Telephone Co.Wisconsin Supreme Court · 1908
- Cavanaugh v. ScottWisconsin Supreme Court · 1893
- Allen v. FrawleyWisconsin Supreme Court · 1909
- Brown v. BrownSupreme Court of Minnesota · 1886
3Cited by17 opinions
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- Levin v. MuserNebraska Supreme Court · 1921
- State v. Andre L. ScottWisconsin Supreme Court · 2018
- Harris v. WelchWisconsin Supreme Court · 1912
- PLATTE VALLEY NAT. BANK & TRUST v. LasenNebraska Supreme Court · 2007
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