Merrill v. Rollin

Wisconsin Supreme Court

Merrill v. Rollin

1 Pin. 411

DecidedJuly 15, 1844

StatusPublished

This text of 1 Pin. 411 (Merrill v. Rollin) 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

Merrill v. Rollin, 1 Pin. 411 (Wis. 1844).

Pincite

Opinion

Miller, J.

At the first term a demurrer was filed by defendants. At the second term the plaintiff obtained leave to amend his declaration, when the defendant pleaded issuably and filed an affidavit and motion for a continuance. The affidavit is in the form prescribed by the rules of court for the continuance of a cause at the first term.

It is well settled that a writ of error does not lie upon an order overruling a motion for a continuance. The order of the court in this instance, was strictly correct. There is no error on the record, and the judgment must be affirmed, with costs.

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Miller, J.

At the first term a demurrer was filed by defendants. At the second term the plaintiff obtained leave to amend his declaration, when the defendant pleaded issuably and filed an affidavit and motion for a continuance. The affidavit is in the form prescribed by the rules of court for the continuance of a cause at the first term.

It is well settled that a writ of error does not lie upon an order overruling a motion for a continuance. The order of the court in this instance, was strictly correct. There is no error on the record, and the judgment must be affirmed, with costs.

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Bluebook (online)

1 Pin. 411, Counsel Stack Legal Research, https://law.counselstack.com/opinion/merrill-v-rollin-wis-1844.