Dinsmore v. Smith
Wisconsin Supreme Court
APPEAL from the Circuit Court for Racine County. ■ This appeal is from an order for judgment, and from the judgment; in favor of the defendants, entered October 24, 1861, and based upon a report of tbe judge of said court, as referee in tbe cause, filed on the same day. Tbe order recites that due service of tbe notice of motion for judgment upon said report was admitted by tbe defendants’ attorneys.
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APPEAL from the Circuit Court for Racine County. ■ This appeal is from an order for judgment, and from the judgment; in favor of the defendants, entered October 24, 1861, and based upon a report of tbe judge of said court, as referee in tbe cause, filed on the same day. Tbe order recites that due service of tbe notice of motion for judgment upon said report was admitted by tbe defendants’ attorneys. It does not appear from the record that tbe defendants appeared upon tbe bearing of tbe motion. Exceptions to tbe referee’s report, to tbe confirmation thereof, to tbe order for judgment, ■ and to…
1Opinion of the Court
By the Court,
PAINE, J.
This suit was referred by the order of the circuit court, to be tried by the judge of that court, as a referee. A trial was had -before him, and he filed his report and finding in favor of the plaintiff, and, no exceptions being taken, the report was afterwards confirmed by the court, and judgment entered accordingly. After judgment, the defendant filed exceptions to the report of the referee, and then appealed to this court. If this practice is correct, those exceptions will be reviewed here for the first time. This cannot be done. This court does not review the action…
2Cases cited2 opinions
- Beach v. BeckwithWisconsin Supreme Court · 1860
- McShane v. GraySupreme Court of Iowa · 1862
3Cited by6 opinions
- Hills v. PassageWisconsin Supreme Court · 1867
- RobinsonSupreme Judicial Court of Maine · 1917
- Fairbank v. NewtonWisconsin Supreme Court · 1879
- Puffer v. American InsuranceOregon Supreme Court · 1906
- Duncan v. EricksonWisconsin Supreme Court · 1892
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