Harris v. Welch
Wisconsin Supreme Court
Appeal from an order of the circuit court for Waukesha county: Mastín L. Lueck, Circuit Judge. Iu 1906, an action was brought by plaintiffs and John H. Harris against Charles A. Welch and the White Rock Mineral Spring Company for damages claimed to have been caused by Welch having made, in his own behalf and in behalf of the Spring Company and its stockholders, false and fraudulent representations.
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Appeal from an order of the circuit court for Waukesha county: Mastín L. Lueck, Circuit Judge. Iu 1906, an action was brought by plaintiffs and John H. Harris against Charles A. Welch and the White Rock Mineral Spring Company for damages claimed to have been caused by Welch having made, in his own behalf and in behalf of the Spring Company and its stockholders, false and fraudulent representations. The claim, in general, was that in February, 1903, Welch, in his own behalf and that of his associates and company, by false representations, in writing, as to the business and property of said…
1Opinion of the CourtMarshall, J.
A proceeding to revive an action, as counsel for respondent suggest, is a special proceeding, not one in an action. Voss v. Stoll, 141 Wis. 267, 124 N. W. 89. However, mere form is of little consequence under our system. The substantial, only, count efficiently. So here the mere entitling of the proceeding, as in the action, and sugges*446tions in the papers in harmony therewith, must be treated as immaterial and the order appealed from regarded as final in a special proceeding, disregarding all mere informalities.
The suggestion that pending the appeal the deceased has ceased to have personal…
2Cases cited6 opinions
- John V. Farwell Co. v. WolfWisconsin Supreme Court · 1897
- Morawetz v. Sun Insurance OfficeWisconsin Supreme Court · 1897
- Estate of KochWisconsin Supreme Court · 1912
- Puffer v. WelchWisconsin Supreme Court · 1911
- Voss v. StollWisconsin Supreme Court · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Wikstrom v. Yolo Fliers ClubCalifornia Supreme Court · 1929
- Grabow v. BergethNorth Dakota Supreme Court · 1930
- Kranz v. Wisconsin Trust Co.Wisconsin Supreme Court · 1913
- Sherman v. HarrisSouth Dakota Supreme Court · 1915
- Garage Equipment Manufacturing Co. v. DanielsonWisconsin Supreme Court · 1914
5 more not listed; retrieve them via the Exa API.