Pierce v. Kelly
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Raovne County. Tbis case was submitted on tbe record, printed case and briefs, on tbe 3d of March, 1876; and on tbe 21st of tbe same month tbe court made an order dismissing tbe appeal, “ because tbe printed case is materially defective and fails to comply with tbe rule.”
Read the full summary
APPEAL from tbe Circuit Court for Raovne County. Tbis case was submitted on tbe record, printed case and briefs, on tbe 3d of March, 1876; and on tbe 21st of tbe same month tbe court made an order dismissing tbe appeal, “ because tbe printed case is materially defective and fails to comply with tbe rule.” On tbe 13th of April following, tbe appellant’s attorneys served on those of tbe respondent notice of a motion to be made on tbe 18th of that month, or as soon thereafter as they could be beard (based on an affidavit annexed to tbe notice and tbe papers filed in tbe cause) for an order…
1Opinion of the Court
Pur CueiaM.
Tbis motion comes too late. In Pringle v. Dunn, ante, p. 435, it was held that under see. 7, cb. 264 of 1860, this court loses jurisdiction of appeals in' thirty days after *570judgment on them here, unless the jurisdiction is retained by order of the court for the purpose of a motion for rehearing, made within that time. The statute makes no other exception, and the court has no power to add others to the statute. And in cases of dismissal for noncompliance with the rules, the judgment of dismissal is a judgment on the appeal within the meaning of the statute. Estey v. Sheckler, 36…
2Cases cited1 opinion
- Estey v. ShecklerWisconsin Supreme Court · 1874
3Cited by3 opinions
- Ott v. BoringWisconsin Supreme Court · 1907
- Hunter v. BosworthWisconsin Supreme Court · 1878
- Bonin v. Green Bay & Minnesota Railway Co.Wisconsin Supreme Court · 1877