Hubbell v. McCourt
Wisconsin Supreme Court
APPEAL from the Circuit Court for Taylor County. This was an appeal from an order of the circuit judge at chambers, modifying an injunctional order made by the court in this action.
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APPEAL from the Circuit Court for Taylor County. This was an appeal from an order of the circuit judge at chambers, modifying an injunctional order made by the court in this action. The appeal was brought under the provisions of sec. 19, ch. 264, Laws of 1860, as amended by sec. 2, ch. 139, Laws of 1861. This section, as amended, reads as follows: “ Upon an order made by a circuit court, or by a circuit judge, in an action now pending or hereafter commenced, discharging an attachment or denying, dissolving, vacating or modifying an injunction, the party interested in continuing the…
1Opinion of the CourtTayloe, J.
Sec. 19, ch. 264, Laws of 1860, as amended by sec. 2, ch. 139, Laws of 1861, undoubtedly provides for an appeal directly to this court from an order made by a circuit judge at chambers. And the appeal in this case is from the order made by the judge at chambers, and not from an order of the circuit court.
It becomes an important question, and one which this court must determine, whether the legislature has the power, under the constitution, to compel this court to take jurisdiction of and determine appeals taken from orders made by judges or other officers out of court; in other words, whether…
2Cases cited4 opinions
- Town of Platteville v. Galena & Southern Wisconsin RailroadWisconsin Supreme Court · 1878
- Eaton v. GillettWisconsin Supreme Court · 1863
- Moore v. CordWisconsin Supreme Court · 1861
- Punch v. Town of New BerlinWisconsin Supreme Court · 1865
3Cited by17 opinions
- Shell Oil Co. v. Supervisor of AssessmentsCourt of Appeals of Maryland · 1975
- In re Constitutionality of Statute Empowering Supreme Court to Promulgate Rules Regulating Pleading, Practice, & Procedure in Judicial ProceedingsWisconsin Supreme Court · 1931
- North Bend Stage Line, Inc. v. Department of Public WorksWashington Supreme Court · 1932
- Illinois Central Railroad v. DoddMississippi Supreme Court · 1913
- Klein v. ValeriusWisconsin Supreme Court · 1894
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