Delaplaine v. City of Madison

Wisconsin Supreme Court
Delaplaine v. City of Madison, 7 Wis. 407 (Wis. 1859)

Delaplaine v. City of Madison

Opinion of the Court

Per Curiam.

The code does not enlarge the functions of a writ of error. This writ is peculiarly 'applicable to suits at law. Although the code provides for an appeal in all cases, yet it does not extend the writ of error to cases which, before its adoption were of pecular equitable cognizance. The constitution preserves the writ as it was before the code, but no further. The writ of error must be dismissed.

Reference

Full Case Name
GEORGE P. DELAPLAINE and ELISHA BURDICK, in Error. v. THE CITY OF MADISON, in Error
Cited By
4 cases
Status
Published