Atkinson v. Chi. & N. W. Ry. Co.

• Court: Wisconsin Supreme Court
• Writing for the Court: COLE
• Citation: Atkinson v. Chi. & N. W. Ry. Co., 69 Wis. 362, 34 N.W. 63 (Wis. 1887)
• Decision Date: 20 September 1887
• Parties: ATKINSON v. CHICAGO & N. W. RY. CO.

69 Wis. 362

34 N.W. 63

ATKINSON

v.CHICAGO & N. W. RY. CO.

Supreme Court of Wisconsin.

September 20, 1887.

Appeal from circuit court, Brown county.

J. J. Tracy, for appellant.

W. A. Eldredge, for respondent.

COLE, C. J.

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...