Williams v. Field

Decided December 15, 1853

Wisconsin Supreme Court · decided 1853-12-15

APPEAL, IÍÍ EQUITY FROM LAFAYETTE CIRCUIT COURT. This was a bill for specific performance, to compel the defendant to convey to the complainants two certain mineral lots therein described, and for an account of the rents and profits thereof. The case was brought to a bearing at the March term of the Circuit Court of Lafayette county, 1852, and was argued by counsel.

Good law ✅— No negative treatment on recordhow we know

Decided 1853-12-15

How this case has been cited

Cited by 4 later decisions — most recently April 1917

4 state decisions

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.

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¶1By the Court,

Winxoif, O. J.

¶2The decree in this case disposes of the matters in controversy between the parties, and should be regarded as a final decree, were it not that the question of costs is reserved by the court for further adjudication. "When this is done, the Court of Chancery, of the State of New York, has held that the decree is interlocutory, although it is in all other respects final in its nature. Dickinson and Wife vs. Codwise, 11 Paige R. 191; Williamson vs. Field, 2 Barb. Ch. R. 281. We are disposed to follow those decisions, as they were made under a statute regulating appeals in chancery similar to ours. It follows, that as this appeal was not taken within the time fixed by the statue for appealing from an interlocutory decree, it must be dismissed.

¶3Appeal dismissed.