Hart v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Barron county: A.-J. ViNJE, Circuit Judge. The action was commenced in justice’s court. Judgment was rendered in plaintiff’s favor. Defendant appealed to the circuit court. At the time for trial there, defendant asked leave to dismiss the appeal, which was granted, plaintiff objecting thereto. The latter excepted to the ruling. Judgment was rendered accordingly and plaintiff appealed.
1Opinion of the CourtMarshall, J.
Is it proper for a circuit court to permit an appellant thereto; from a judgment rendered in a justice’s court, to dismiss his appeal against objection by the opposite party? That is the question for solution upon this appeal. Sec. 3753, Stats. 1898, gives the privilege of appealing from a justice’s judgment, to any party thereto. Secs. 3767 and. 3768 provide that in certain, cases the trial of such an appeal shall be had in the appellate court on the justice’s return, and in others the same as in actions originally brought there. We have no provision for the dismissal of such an appeal,…
2Cases cited12 opinions
- Montmorency Gravel Road Co. v. StocktonIndiana Supreme Court · 1873
- Eden Musee Co. v. YoheNebraska Supreme Court · 1893
- State v. CurtisSupreme Court of Kansas · 1883
- Kansas City, Ft. Scott & Gulf Rld. v. HammondSupreme Court of Kansas · 1881
- Muckey v. PierceWisconsin Supreme Court · 1854
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3Cited by3 opinions
- Mayott v. KnottWyoming Supreme Court · 1907
- Jay v. JayHawaii Supreme Court · 1944
- Wilmott v. KollerNorth Dakota Supreme Court · 1916