Sutton v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.
Wisconsin Supreme Court
Appeal from a judgment and orders of the circuit court for Monroe county: O. B. Wyman, Circuit Judge. A former judgment in this case was reversed upon appeal to this court, and a new trial ordered, on January 11, 1898. 98 Wis. 157, 73 N. W. 993. The costs were id aid and the record remitted within sixty days thereafter.
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Appeal from a judgment and orders of the circuit court for Monroe county: O. B. Wyman, Circuit Judge. A former judgment in this case was reversed upon appeal to this court, and a new trial ordered, on January 11, 1898. 98 Wis. 157, 73 N. W. 993. The costs were id aid and the record remitted within sixty days thereafter. Shortly prior to the October, 1898, term of the circuit court for Monroe county, an interview took place between the plaintiff, acting as his own attorney, and the assistant solicitor for the defendant, the plaintiff’s version of which might have justified an understanding…
1Opinion of the CourtDodge, J.
We need not discuss what acts by defendant might constitute waiver of its right to dismissal after expiration of the one year without trial, limited by see. 3072, Stats. 1898, nor whether the circuit court has authority to extend that period. See Christianson v. Pioneer F. Co. 101 Wis. 343, 77 N. W. 174, 917; State ex rel. Mitchell v. Johnson, 105 Wis. 90, 80 N. W. 1104. It suffices to dispose of the present appeal that, upon the facts as set forth by defendant’s affidavits, there could be predicated neither waiver on its part nor any error on the part of the circuit court in refusing to…
2Cases cited2 opinions
- Christianson v. Pioneer Furniture Co.Wisconsin Supreme Court · 1898
- State ex rel. Mitchell v. JohnsonWisconsin Supreme Court · 1899
3Cited by5 opinions
- State ex rel. Forrestal v. EschweilerWisconsin Supreme Court · 1914
- Eisentraut v. CorneliusWisconsin Supreme Court · 1911
- Hassler v. SheetsWisconsin Supreme Court · 1919
- Putney v. Milwaukee Light, Heat & Traction Co.Wisconsin Supreme Court · 1906
- In re Dancy Drainage DistrictWisconsin Supreme Court · 1906