Legal Opinion

Noall v. Halonen

Wisconsin Supreme Court

Decided March 21, 1893PublishedCited by 7 opinions

APPEAL from the Circuit Court for Florence County. This action was commenced in justice’s court, November 24, 1891, by the personal service of the summons upon the defendants, Carlson, Halonen, and Anderson.

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APPEAL from the Circuit Court for Florence County. This action was commenced in justice’s court, November 24, 1891, by the personal service of the summons upon the defendants, Carlson, Halonen, and Anderson. On the return day, December 3, 1891, no one appearing for any of the defendants, the plaintiff filed his complaint, alleging that between September 16, 1891, and November 24, 1891, inclusive, the plaintiff sold and delivered to the defendants, on account, at their request, goods, wares, and merchandise at the agreed price of $150.57, and which were reasonably worth that sum. Thereupon…

1Opinion of the CourtOassoday, J.

It appears that before the expiration of the time for giving security for costs as ordered by the county judge, the appellant’s counsel moved the circuit court to set aside and vacate the order, and argued' the same at length. The plaintiff’s attorney, without argument, thereupon in open court temporarily waived the matter of security, and moved to dismiss the appeal on the ground of variance between the judgment in the justice’s court and the notice and affidavit of appeal therefrom; and the appeal was dismissed on that ground. The question presented is whether such dismissal was proper or…

2Cases cited6 opinions

  1. State v. WittSupreme Court of Kansas · 1885
  2. Friemark v. RosenkransWisconsin Supreme Court · 1892
  3. Commonwealth v. StoneMassachusetts Supreme Judicial Court · 1869
  4. Filer & Stowell Co. v. SohnsWisconsin Supreme Court · 1885
  5. Schweppe v. WellauerWisconsin Supreme Court · 1890

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Cloverdale Homes v. Town of CloverdaleSupreme Court of Alabama · 1913
  2. Campbell v. WellerWyoming Supreme Court · 1917
  3. Cowles v. City of NeillsvilleWisconsin Supreme Court · 1909
  4. Shelby Contracting Co. v. PizitzSupreme Court of Alabama · 1970
  5. Hender v. RingWisconsin Supreme Court · 1895

2 more not listed; retrieve them via the Exa API.

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