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23 Wis. 624

Thompson v. Thompson

Wisconsin Supreme Court

Decided February 15, 1869

Wisconsin Supreme Court · decided 1869-02-15

WilUam Thompson and others, appealed to said circuit court from a decision of tbe county court of said county, admitting to probate a certain will, and adjudging costs against them as contestants. John Thompson cmd (mother, on whose petition said will was admitted to probate, moved to dismiss said appeal, on the-ground, among others, that tbe appellants bad not filed and served such a bond as tbe law required, to perfect tbe appeal.

Decided 1869-02-15

Paine, J.

¶1Tbe objection that tbe appeal is from two orders instead of one, does not seem to be well taken. It is true, tbe order is written on two papers, and part of it was evidently made first, and upon tbe assumption that it would constitute an entire order by itself. But afterward, on disposing of tbe whole matter, tbe judge added to tbe order, and expressly provided that the addition should be a part of tbe former order. It must be so considered. ,

¶2Tbe respondent was entitled to dismiss tbe appeal under tbe rule, if the printed cases bad not been served. And we have concluded, where such is tbe case, not to entertain a motion to dismiss upon that ground.

¶3The motion to dismiss tbe appeal is overruled; but as tbe appellants’ counsel did not appear to argue tbe motion, and as it is denied on tbe ground that tbe respondents might have dismissed it without bringing tbe matter before.tbe court, it is denied without costs.

¶4By the Court. — Ordered accordingly.

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