Public-domain · open source
OpenJurist

103 Wis. 458

Drake v. Scheunemann

Wisconsin Supreme Court

Decided June 22, 1899

Wisconsin Supreme Court · decided 1899-06-22

C. Ludwig, Judge. The superior court acquired jurisdiction of the cause by appeal from a judgment rendered for plaintiff in justice’s court. On the last day of the fourth term of the court after the appeal was taken, to which term the cause had been regularly continued, it was dismissed on plaintiff’s motion for want of prosecution.

Relies on Smith v. Coleman · Donkle v. Milem · McKinnon v. Wolfenden

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1899-06-22

How this case has been cited

Cited by 6 later decisions — most recently January 1973

6 state decisions

30189919001910192019301940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Maeshall, J.

¶1The order is not appealable if for no other reason, because it is subject to review on appeal from the judgment. The right of appeal from an intermediate order ceases on the entry of judgment. American B. H., O. & S. M. Co. v. Gurnee, 38 Wis. 533; Donkle v. Milem, 88 Wis. 33.

¶2The order was granted upon condition of the payment of plaintiff’s witness fees on the appearance at the time the cause was dismissed. Acceptance of the fees by plaintiff’s attorneys, and going to trial on the merits without objection, waived any error in the order. That has been repeatedly decided by this court, as evidenced by numerous cases cited by respondents’ counsel. Cogswell v. Colley, 22 Wis. 399; Webster-Glover L. & M. Co. v. St. Croix Co. 71 Wis. 317; *460Smith v. Coleman, 77 Wis. 343; McKinnon v. Wolfenden, 78 Wis. 237; Laird v. Giffin, 84 Wis. 286; Mills v. Nat. F. Ins. Co. 92 Wis. 90; Cook v. McComb, 98 Wis. 526. That requires an affirmance of the judgment.

¶3By the Court.— The judgment of the superior court is affirmed.

/103/wis/458 · .json · Public domain