Breed v. Ketchum
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. The defendant Henry Ketchum appealed from an order denying his motion to vacate the judgment against him in the action and for a new trial.
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APPEAL from the Circuit Court for Winnebago County. The defendant Henry Ketchum appealed from an order denying his motion to vacate the judgment against him in the action and for a new trial. The record returned here does not contain the pleadings or judgment, or any proceedings in the cause before the motion for a new trial was made; but it may be gathered from the briefs of the respective counsel, that the action was brought to foreclose a mortgage dated February 25, 1876, executed by the defendants Horace A. Kich, John W. Stillman and Martin Eich, to the plaintiff, to secure the payment of…
1Opinion of the Court
The following opinion was filed December 17, 1880:
Lyoh, J.
Error is assigned upon the rulings of the court denying the motions for a continuance of the cause to the next term, for a day continuance under circuit court rule 7, and for a new trial.
Upon an appeal from a judgment, this court may review any intermediate order or determination of the court below appearing upon the record, which involves the merits and necessarily affects the judgment (R. S., 799, sec. 3070); but on an appeal from an order, no authority is conferred to review a prior order in the cause. Flanagan v. Railway Co., 45…
2Cases cited2 opinions
- Hubbard v. MarshallWisconsin Supreme Court · 1880
- Flanagan v. the Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1878
3Cited by13 opinions
- Linden Land Co. v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1900
- Ean v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1898
- Schobacher v. Germantown Farmers' Mutual InsuranceWisconsin Supreme Court · 1883
- Kirch v. DaviesWisconsin Supreme Court · 1882
- Hooker v. HydeWisconsin Supreme Court · 1884
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