White v. Sherry

Wisconsin Supreme Court

White v. Sherry

37 Wis. 225

CourtWisconsin Supreme Court

DecidedJanuary 15, 1875

StatusPublished

Cited by1 cases

This text of 37 Wis. 225 (White v. Sherry) 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

White v. Sherry, 37 Wis. 225 (Wis. 1875).

Pincite

Opinion

Lyojst, J.

The appellants were not parties to the motion to set aside the judgment; and the Smiths, who alone made such motion, were not parties to the judgment. When the action was discontinued as to the Smiths, the motion thereby abated and disappeared from the case; and the order denying it was entirely unnecessary and inoperative. Hence such order could work no injury to any one. Besides, the appellants can have no appeal from an order denying a motion in which they did not join, and to which they are strangers. The appeal must be dismissed.

By the Court. — Appeal dismissed.

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Lyojst, J.

The appellants were not parties to the motion to set aside the judgment; and the Smiths, who alone made such motion, were not parties to the judgment. When the action was discontinued as to the Smiths, the motion thereby abated and disappeared from the case; and the order denying it was entirely unnecessary and inoperative. Hence such order could work no injury to any one. Besides, the appellants can have no appeal from an order denying a motion in which they did not join, and to which they are strangers. The appeal must be dismissed.

By the Court. — Appeal dismissed.

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Bluebook (online)

37 Wis. 225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-sherry-wis-1875.

Opinion

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