Town of Erin Prairie v. Wells
Wisconsin Supreme Court
Appeal from an order of the circuit court for St. Croix county: E. 0. TIigbee, Judge. Plaintiff commenced an action in justice’s court against defendant for encroaching on a highway. Defendant answered that, upon the trial, the title to real estate would come in question, complied with the statutory condition for removal in such cases to the circuit court for trial, and asked for such removal. The motion was denied.
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Appeal from an order of the circuit court for St. Croix county: E. 0. TIigbee, Judge. Plaintiff commenced an action in justice’s court against defendant for encroaching on a highway. Defendant answered that, upon the trial, the title to real estate would come in question, complied with the statutory condition for removal in such cases to the circuit court for trial, and asked for such removal. The motion was denied. The cause was thereafter twice tried in justice’s court before a jury, resulting in a disagreement each time. Upon its regularly coming on for a trial a third time, defendant did…
1Opinion
The following opinion was filed October 6, 1914:
Pee OuRiAsr.
A motion for a rehearing herein which has been duly submitted is denied; the first ground of the decision, however, was not warranted by the record. Though a long period had elapsed between the entry of the order dismissing the appeal and the one refusing to set it aside, it appears that the term of court had been kept open in the meantime.
The time had expired for taking an appeal from the first *142order when the second was entered. Therefore, mere error in respect to the former could not he reached by appealing from the latter, as…
2Cases cited1 opinion
- Van Steenwyck v. MillerWisconsin Supreme Court · 1864