Fehring v. Swineford

Wisconsin Supreme Court

Fehring v. Swineford

33 Wis. 550

DecidedJune 15, 1873

StatusPublished

This text of 33 Wis. 550 (Fehring v. Swineford) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fehring v. Swineford, 33 Wis. 550 (Wis. 1873).

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Opinion

Dixon, C. J.

Counsel for the plaintiff objects that the appeal taken by the defendant is not valid, and should be dismissed.' The notice is of an appeal “ from the judgment and order of the circuit court, entered on the twenty-fifth day of January, 1873.” The undertaking is as upon an appeal from a judgment. The objection urged is, that no judgment had been entered at the time the appeal, was taken. An examina[551]*551tion of the record shows no judgment; and of course the appeal must fail on that ground, if there was no other defect. But the notice of appeal is faulty iii being both from a judgment and an order.

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Dixon, C. J.

Counsel for the plaintiff objects that the appeal taken by the defendant is not valid, and should be dismissed.' The notice is of an appeal “ from the judgment and order of the circuit court, entered on the twenty-fifth day of January, 1873.” The undertaking is as upon an appeal from a judgment. The objection urged is, that no judgment had been entered at the time the appeal, was taken. An examina[551]*551tion of the record shows no judgment; and of course the appeal must fail on that ground, if there was no other defect. But the notice of appeal is faulty iii being both from a judgment and an order.

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Bluebook (online)

33 Wis. 550, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fehring-v-swineford-wis-1873.

Opinion

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