Walsh v. Dart
Wisconsin Supreme Court
APPEAL from the Circuit Court for Marquette County. This court having on the 19th of November, 1861, reversed a judgment for the plaintiff in this cause, and awarded a venire de novo, the record was transmitted to the circuit court in De-comber following.
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APPEAL from the Circuit Court for Marquette County. This court having on the 19th of November, 1861, reversed a judgment for the plaintiff in this cause, and awarded a venire de novo, the record was transmitted to the circuit court in De-comber following. This appeal was taken by the plaintiff from an order dismissing the cause on the ground that it “ was not noticed for trial, nor were there any proceedings had” in the cause within one year from said 19th of November, “ except that a commission was issued by the plaintiff to take the deposition of witnesses within such year.” The return to…
1Opinion of the Court
*434 By the Gourt,
Downer, J.
This is an appeal from an order dismissing the action, as it is claimed, pursuant to the provisions of chap. 131, Laws of 1859, which provides, in substance, that proceedings shall be had in the court below and the record transmitted to that court within a year from the time a new trial or other proceedings shall be ordered by the supreme court. The circuit court, because no proceedings had been had within the year except issuing a commission to take depositions, dismissed the action. It appears that the commission was issued and returned, with important evidence on…
2Cited by3 opinions
- State v. EigelWisconsin Supreme Court · 1933
- Bonesteel v. OrvisWisconsin Supreme Court · 1872
- Packard v. BackusWisconsin Supreme Court · 1892