American Button-Hole, Overseaming & Sewing Machine Co. v. Gurnee
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. The defendant Gurnee, on the 8th of February, 1875, gave notice of an appeal to this court from so much of an order of the circuit court entered on the 30th of January, 1875, as overruled his demurrer to the complaint herein, and authorized judgment to be entered for tbe plaintiff, and also from the judgment entered on the same day in fávor of the plaintiff and against said defendant.
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APPEAL from the Circuit Court for Dane County. The defendant Gurnee, on the 8th of February, 1875, gave notice of an appeal to this court from so much of an order of the circuit court entered on the 30th of January, 1875, as overruled his demurrer to the complaint herein, and authorized judgment to be entered for tbe plaintiff, and also from the judgment entered on the same day in fávor of the plaintiff and against said defendant. The respondent moved to dismiss the appeal on the ground that it was double. This motion was argued at the same time with the merits. argued that the order appealed…
1Opinion of the CourtRyan, C. J.
The record in Webster v. Ins. Co., 36 Wis., 67, has been remitted, and we cannot now say with. certainty whether the appeal is accurately stated in the report of that case. The report certainly indicates a double appeal. No question seems to have been made on the form of the appeal ; and the remark of the court upon it is obiter, and evidently unconsidered. For in Parker v. McAvoy, 36 Wis., 322, decided at the same term, when the question was raised, a similar appeal was held bad because double. It is unnecessary to repeat here the reasons on which the rule rests. The cases cited in Parker v.…
2Cases cited8 opinions
- Webster v. Phœnix InsuranceWisconsin Supreme Court · 1874
- Bonnell v. GrayWisconsin Supreme Court · 1875
- Noble v. StrachanWisconsin Supreme Court · 1873
- Jarvis v. HamiltonWisconsin Supreme Court · 1875
- Parker v. McAvoyWisconsin Supreme Court · 1874
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Kinney v. Brotherhood of American YeomenNorth Dakota Supreme Court · 1905
- Granger v. RollSouth Dakota Supreme Court · 1895
- Hackett v. GundersonSouth Dakota Supreme Court · 1891
- Harcum v. BensonSupreme Court of Minnesota · 1916
- Donkle v. MilemWisconsin Supreme Court · 1894
15 more not listed; retrieve them via the Exa API.