Atkinson v. Chi. & N. W. Ry. Co.
| Citation | 69 Wis. 362,34 N.W. 63 |
| Parties | ATKINSON v. CHICAGO & N. W. RY. CO. |
| Decision Date | 20 September 1887 |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Appeal from circuit court, Brown county.
J. J. Tracy, for appellant.
W. A. Eldredge, for respondent.
In this case the notice of appeal states that the appeal is from a judgment entered on the twenty-first day of December, 1885. The undertaking describes the judgment which is appealed from as one recovered on the twenty-ninth day of December, 1886. We find in the record a judgment in due form, which is signed by the circuit judge, dated December 17, 1885, and filed with the clerk on that day. This judgment seems to have been perfected by the taxation of costs on the twenty-ninth day of December, 1885. There is not in the record any judgment of the date of the one described, either in the notice of appeal or in the undertaking. Such being the state of the record, we are unable to consider the case upon the merits. The matter is one which cannot be overlooked or disregarded, for it is obvious we would be justified in considering only the judgment appealed from. And, as has been said, the record shows no such judgment. No other course is left but to dismiss the appeal. Sayles v. Gudath, 9 Wis. 159;Kellogg v. Smith, 10 Wis. 135.
The appeal is dismissed.
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State ex rel. Rosenstein v. Dist. Court of Second Judicial Dist. of Silver Bow Cnty.
...Minnesota, hold to the rule of strict construction. Beck v. Thompson, 35 Or. 182, 57 Pac. 419, 76 Am. St. Rep. 471;Atkinson v. Chicago & N. W. R. Co., 69 Wis. 362, 34 N. W. 63;Pettingill v. Donnelly, 27 Minn. 332, 7 N. W. 360. Others, as in Washington, Nevada, and Iowa, have apparently adop......
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State v. District Court of Second Judicial Dist. of Silver Bow County
... ... Wisconsin, and Minnesota, hold to the rule of strict ... construction. Beck v. Thompson, 35 Or. 182, 57 P ... 419, 76 Am. St. Rep. 471; Atkinson v. Chicago & N.W. R ... Co., 69 Wis. 362, 34 N.W. 63; Pettingill v ... Donnelly, 27 Minn. 332, 7 N.W. 360. Others, as in ... Washington, Nevada, ... ...
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State v. Avery
...as having been entered on March 28, 1977. In fact, this was the date of granting, not the date of entry. 1 In Atkinson v. Chicago & N. W. Ry. Co., 69 Wis. 362, 34 N.W. 63 (1887), the notice of appeal from a judgment stated that the date of entry was December 21, 1885. This was erroneous, be......
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Kimbrell v. Rodgers
... ... in response to motion of appellee. The record shows that no ... appeal was taken from either of these decrees. Atkinson ... v. Railway Co., 34 N.W. 63; Horn v. Water Co., ... 18 Cal. 142; Bornheimer v Baldwin, 38 Cal. 671 ... ...