Bennett v. Keehn

• Decision Date: 02 September 1886
• Citation: 67 Wis. 154,29 N.W. 207
• Parties: BENNETT v. KEEHN, IMPLEADED, ETC.
• Court: Wisconsin Supreme Court

67 Wis. 154

29 N.W. 207

BENNETT

v.KEEHN, IMPLEADED, ETC.

Supreme Court of Wisconsin.

September 2, 1886.

Appeal from circuit court, Milwaukee county.D. G. Rogers and E. P. Smith, for respondent, Ezra F. Bennett.

J. C. McKenney, for appellant, Jennie W. Keehn, impleaded, etc.

BY THE COURT.

The judgment from which the appeal herein was taken, was entered May 10, 1884, and the appeal was perfected May 10, 1886. The respondent now moves that the appeal be dismissed for the alleged reason that it was not taken within two years from the date of the entry of judgment, as required by statute. Rev. St. 794, § 3039. The question is whether, in computing the time in which an appeal may be taken, the day the judgment was entered shall be excluded or included. If it be excluded, this appeal was taken in time; otherwise not. The question is not an open one in this court. In Supervisors of Milwaukee Co. v. Pabst, 64 Wis. 244,S. C. 25 N. W. Rep. 11, it was held that an appeal perfected June 15, 1885, from a judgment entered June 15, 1883, was in time. This ruling accords with the spirit of chapter 194, Laws 1879, if not within the letter of that statute. Were the question now presented for the first time, we should not hesitate to hold that the day of the entry of judgment should be excluded, and hence that this appeal was taken in time.

Motion denied, with $10 costs and clerk's fees.