North Hudson Mutual Building & Loan Ass'n v. Childs
Wisconsin Supreme Court
APPEAL from the Circuit Court for Eau Olaire County. This case was before the court on appeal from a final judgment against the original defendants in the action, James GMlds and O. JT. Denniston, 82 Wis. 460, where the case is stated. After the reversal of the judgment the circuit court ordered a reference of all the issues to a referee, to hear, try, and determine the same.
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APPEAL from the Circuit Court for Eau Olaire County. This case was before the court on appeal from a final judgment against the original defendants in the action, James GMlds and O. JT. Denniston, 82 Wis. 460, where the case is stated. After the reversal of the judgment the circuit court ordered a reference of all the issues to a referee, to hear, try, and determine the same. Subsequently plaintiff, upon a petition alleging in substance that the defendant Denniston had, prior to the rendition of the judgment so reversed, conveyed to his son, John 0. Denniston, by sundry deeds, divers lots and…
1Opinion of the CourtPiNNey, J.
1. The notice of appeal from the order of the circuit court for St. Croix county allowing the complaint to be amended and new defendants to be brought in, was not directed to or served “ on the clerk of the court in which the . . . order appealed from is entered,” and is, as to such order, a mere nullity and wholly inoperative., R. S. sec. 3049; Haas v. Weinhagen, 30 Wis. 326; Yates v. Shepardson, 37 Wis. 315; Eureka S. H. Co. v. Sloteman, 67 Wis. 118, 124.
2. The plaintiff, upon its own showing, is merely a creditor at large of the defendants James Childs and C. Y. Denniston. As such, and…
2Cases cited15 opinions
- Rinchey v. . StrykerNew York Court of Appeals · 1863
- Geery v. . GeeryNew York Court of Appeals · 1875
- Nichols v. . DrewNew York Court of Appeals · 1883
- Reubens v. . JoelNew York Court of Appeals · 1856
- Bassett v. WarnerWisconsin Supreme Court · 1869
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3Cited by4 opinions
- Mackin v. MaddenWisconsin Supreme Court · 1899
- Shaw v. RailroadSupreme Court of North Carolina · 1906
- Consolidated Vinegar Works v. BrewWisconsin Supreme Court · 1902
- Shaw v. RailroadSupreme Court of North Carolina · 1906