Hatch v. Kurtzweil

Decided November 29, 1901

Wisconsin Supreme Court · decided 1901-11-29

0. Silverthoen, Circuit Judge. On January 5,1900, judgment was entered for the defendants discharging the lien of plaintiff’s mortgage. Ho exceptions were filed to the findings and no steps were taken toward settling a bill of exceptions until January 12, 1901, when the plaintiff obtained an order to show cause why plaintiff should not be permitted to file exceptions, and why the time for settling a bill of exceptions should not be extended.

Cited by 2 later decisions — most recently March 1914

2 state decisions

Relies on Wood v. Blythe

Good law ✅— No negative treatment on recordhow we know

Appeal dismissed · Decided 1901-11-29

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Bardeen, J.

¶1The case of Wood v. Blythe, 42 Wis. 300, decides that an order of the circuit court, after judgment, granting or refusing an extension of the time for settling a bill of exceptions, does not affect any substantial right and is not appealable. The fact that the order in this case allows the plaintiff to file exceptions to the findings does not alter the situation. The authority of the court in both instances is given by sec. 2831, Stats. 1898.

¶2Under the rule laid down in the case above mentioned, there is nothing for us to do but to dismiss the appeal..

¶3By the Court.— So ordered.