Gianella v. Bigelow
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: D. H. Johnson, Circuit Judge.
1Opinion of the CourtMaeshall, J.
Defendants interposed a demurrer to plaintiff’s complaint, which, on motion, was struck out as frivolous, and from the order entered on such motion this appeal was taken.
The date of the appeal is not later than. the 23d day of May, 1896. That is the date of the bond. The notice of appeal is not dated, nor does it appear when it was served.
The right of appeal is purely statutory. Western U. R. Co. v. Dickson, 30 Wis. 389. So, unless the statute gives *268such right from an order striking out a demurrer as frivolous, it does not exist. Prior to ch. 212, Laws of 1895, subd.. 4, sec. 3069, S. & B.…
2Cases cited1 opinion
- Western Union Railroad v. DicksonWisconsin Supreme Court · 1872
3Cited by6 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Filer & Stowell Co. v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1915
- Steinberg v. SaltzmanWisconsin Supreme Court · 1907
- First Wisconsin National Bank of Milwaukee v. CarpenterWisconsin Supreme Court · 1935
- Jacobs v. BeebeWisconsin Supreme Court · 1897
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