Baker v. Baker
Wisconsin Supreme Court
APPEAL from the Circuit Court for Racine County. William Baker died in March, .1876, testate. On appeal from a decision of. the county court construing the will and settling the estate, the circuit court rendered a judgment at the October term, 1879. Afterwards, during the same term, James Baker, the executor, moved to set aside the judge’s findings filed in the cause, and vacate the judgment, and that certain other findings be filed, and a certain other judgment rendered.
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APPEAL from the Circuit Court for Racine County. William Baker died in March, .1876, testate. On appeal from a decision of. the county court construing the will and settling the estate, the circuit court rendered a judgment at the October term, 1879. Afterwards, during the same term, James Baker, the executor, moved to set aside the judge’s findings filed in the cause, and vacate the judgment, and that certain other findings be filed, and a certain other judgment rendered. After the day fixed by law for the commencement of the March term, 1880, viz., on the 11th of May of that year, the court…
1Opinion of the CourtCole, C. J.
1. In this case there are two appeals: one from the judgment of the October term, entered December 23,18T9; the other from a judgment of the subsequent terra, entered May 11, 1880. The latter judgment purports to vacate the former, and, if it was effectual for that purpose, the appeal from the first must necessarily fail. It is claimed by the learned counsel for the appellants, that the court lost all power over the judgment entered at the October term, when that term closed, and could not vacate it at a subsequent term for any error of law or fact. This, undoubtedly, is the general rule —…
2Cases cited2 opinions
- Betts v. ShottonWisconsin Supreme Court · 1871
- In re the last Will of JackmanWisconsin Supreme Court · 1870
3Cited by20 opinions
- Childs v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1893
- Allen v. VojeWisconsin Supreme Court · 1902
- Estate of LeavensWisconsin Supreme Court · 1886
- State Ex Rel. Hildebrand v. KeguWisconsin Supreme Court · 1973
- Blickle v. Kent Probate JudgeMichigan Supreme Court · 1920
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