Bonesteel v. Orvis
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Winnebago County. After a judgment in favor of tbe plaintiffs bad been reversed on appeal, and a new trial ordered, tbe defendants procured an order dismissing tbe action for want of prosecution. Prom an order vacating that order tbe defendant appeals. Tbe case sufficiently appears in tbe opinion.
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APPEAL from tbe Circuit Court for Winnebago County. After a judgment in favor of tbe plaintiffs bad been reversed on appeal, and a new trial ordered, tbe defendants procured an order dismissing tbe action for want of prosecution. Prom an order vacating that order tbe defendant appeals. Tbe case sufficiently appears in tbe opinion. Tbe notice of motion served here was not sucb a proceeding as would keep the cause in court under cb. 185, Laws of 1864. It was a motion not known or recognized in tbe practice of this state, and not necessary nor proper. Tbe judgment was already vacated, and tbe…
1Opinion of the CourtCole, J.
It seems to us tbat there can be no doubt about tbe appealability of this order. It is one which vacates a previous order made, dismissing tbe action for want of prosecution. The action was dismissed because, as it was claimed, no proceedings bad been taken in the court below within a year from tbe time of entering a judgment of reversal in this court, and ordering a new trial. In Walsh v. Dart, 19 Wis., 433, such an order was reviewed by this court; and, although no objection was there taken tbat tbe order was not appealable, yet, bad it been, we are confident it would have been overruled.
Tbe…
2Cases cited1 opinion
- Walsh v. DartWisconsin Supreme Court · 1865
3Cited by6 opinions
- Keyes v. Village of MarcellusMichigan Supreme Court · 1883
- Ex parte McGeeOregon Supreme Court · 1898
- State v. EigelWisconsin Supreme Court · 1933
- Packard v. BackusWisconsin Supreme Court · 1892
- Croonquist v. WalkerNorth Dakota Supreme Court · 1927
1 more not listed; retrieve them via the Exa API.