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Walford v. Bartsch

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eBook details

  • Title: Walford v. Bartsch
  • Author : Supreme Court of Wisconsin
  • Release Date : January 29, 1974
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 54 KB

Description

This is an appeal by Harvey L. Bartsch, Jr., from an order of the circuit court dismissing his appeal to that court from a
county court of Dane county. A narrow question, not of first impression, is presented on this appeal. Does a notice of appeal
to the circuit court from a memorandum opinion and an order for judgment in a county court eviction action confer jurisdiction
upon the circuit court to hear and decide the appeal when the respondent moved to dismiss for lack of appealability and did
not participate in the merits of the appeal? We conclude, in accordance with the statutes and well-established precedents
of this court, that the circuit court acquired no jurisdiction of the appeal and properly entered an order of dismissal. In July of 1972, Elizabeth Walford, the respondent in this court, commenced an eviction action against Bartsch in the county
court. In October of 1972, the county Judge issued a memorandum decision in which he concluded that Elizabeth Walford was
entitled to evict Bartsch and was entitled to an order for a writ of restitution. The memorandum opinion instructed the attorney
for the prevailing party:


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