Legal Opinion

Hundhausen v. Atkins

Wisconsin Supreme Court

Decided January 15, 1875PublishedCited by 7 opinions

APPEAL from the Circuit Court for Milwaukee County. The decision of this court on the appeal of the plaintiff in this case will be found ante, pp. 29-41. The only further question raised by the cross appeal of Atkins, and here considered by the court, relates to the rights of the parties in respect to peremptory challenges.

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APPEAL from the Circuit Court for Milwaukee County. The decision of this court on the appeal of the plaintiff in this case will be found ante, pp. 29-41. The only further question raised by the cross appeal of Atkins, and here considered by the court, relates to the rights of the parties in respect to peremptory challenges. The facts upon which that question arose, will sufficiently appear from the opinion. contended that the court erred in refusing the three separate peremptory challenges asked by each defendant; that under the circumstances two separate trials would have been proper, under…

1Opinion of the CourtRyan, C. J.

This appeal ought to have been heard and decided with the cross appeal of the present respondent, argued and decided at the last term. Hereafter, when cross appeals are pending together, neither will be decided until both shall have been heard.

We see no reason now to modify the views expressed in passing on the respondent’s appeal in this cause. Hundhausen v. Atkins, ante, p. 29.

The judgment of the court below was then reversed on the exceptions of the present respondent. But the question remains, whether the present appellant was also entitled to a reversal of the judgment on his exceptions.…

2Cases cited3 opinions

  1. Shoeffler v. StateWisconsin Supreme Court · 1854
  2. Terry v. ChandlerWisconsin Supreme Court · 1868
  3. Washington v. StateWisconsin Supreme Court · 1863

3Cited by7 opinions

  1. Downey v. . FinucaneNew York Court of Appeals · 1912
  2. Sutton v. Otis Elevator Co.Utah Supreme Court · 1926
  3. Rupp v. SwinefordWisconsin Supreme Court · 1876
  4. State ex rel. Rowell v. DickWisconsin Supreme Court · 1905
  5. Colfax National Bank v. DavisWashington Supreme Court · 1908

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