McCart v. Racine Woolen Mills, Blake & Co.
McCart v. Racine Woolen Mills, Blake & Co.
Opinion of the Court
This is an appeal from an order quashing the service of summons. The notice to quash was heard on affidavits which accompanied the motion, affidavits in answer thereto, and affidavits, in reply to the answering affidavits. The respondent moves to dismiss the appeal. The motion must be granted. This court has repeatedly held that it cannot review a question of fact based upon affidavits unless the affidavits are brought before the court by the method provided by law for bringing evidence into this court. This was not done in this case. The appellant caused the affidavits to be certified by the clerk as part of the transcript, and procured a certificate of the judge certifying that the affidavits
The appeal is dismissed.
Reference
- Full Case Name
- Thomas McCart v. Racine Woolen Mills, Blake & Company
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Appeal — Record — Bill of Exceptions — Affidavits. Affidavits used upon a hearing to quash a service of summons must he brought up on appeal by hill of exceptions or statement of facts, or appeal from the order will be dismissed.