Milwaukee Trust Co. v. Sherwin
This text of 98 N.W. 223 (Milwaukee Trust Co. v. Sherwin) 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.
Opinions
The following opinion was filed February 2, 1904:
The order appealed from recites that it is based on the affidavit of Richard C. Sherwin and on affidavits of Camp, Mariner, and Yan Dyke in reply, and on “affidavit of numerous persons” as to value. The return of the clerk merely certifies that the mass of papers returned are “all the papers filed in the above-entitled action.” In neither nor both of these assertions is there anything- to identify any of the papers as the ones used upon the application for the order, nor to declare that the entire bundle includes all those so used. This is necessary to our jurisdiction, under sec. 3050, Stats. 1898. In its absence the appeal must be dismissed. Glover v. Wells & M. G. Co. 93 Wis. 13, 15, 66 N. W. 799; Tenney v. Madison, 99 Wis. 539, 75 N. W. 979; Madden v. Kinney, 114 Wis. 528, 90 N. W. 449.
By the Court. — Appeal dismissed.
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Cite This Page — Counsel Stack
98 N.W. 223, 121 Wis. 468, 1904 Wisc. LEXIS 2, Counsel Stack Legal Research, https://law.counselstack.com/opinion/milwaukee-trust-co-v-sherwin-wis-1904.