Platto v. Western Union Telegraph Co.
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. This appeal is from an order of the county court dismissing an appeal by the plaintiff from the judgment of a justice of the peace, because the same was not brought to a hearing before the end of the second term after the return of the justice was filed in that court.
Read the full summary
APPEAL from the County Court of Milwaukee County. This appeal is from an order of the county court dismissing an appeal by the plaintiff from the judgment of a justice of the peace, because the same was not brought to a hearing before the end of the second term after the return of the justice was filed in that court. The appeal from the judgment of the justice was taken November 12, 1883; the return of the justice thereto was filed November 22d, and the cause was noticed by the plaintiff for trial at the December term, 1883, of the county court. Not having been tried at that term, the…
1Opinion of the CourtLyoit, J.
Unless the plaintiff’s appeal from the judgment of the justice was properly dismissed under sec. 3Y66, R. S., the order of dismissal must be reversed. That section reads thus: “ If neither party shall bring the appeal to a hearing in the appellate court before the end of the second term after filing the return of the justice therein, such court shall dismiss the appeal unless it shall continue the same by special order for cause shown.”
What occurred at the first term after the justice filed his return to the appeal, that is, at the December term, 1883, is entirely immatei’ial. The proceedings…
2Cases cited1 opinion
- Holt v. ColemanWisconsin Supreme Court · 1884
3Cited by4 opinions
- Sutton v. WegnerWisconsin Supreme Court · 1888
- Whitham v. MappesWisconsin Supreme Court · 1895
- Newman v. BoardWisconsin Supreme Court · 1889
- Bates v. SteeleWisconsin Supreme Court · 1886