Sutton v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.
Sutton v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.
Opinion of the Court
The papers sent to tbis court by tbe clerk of the circuit court consist of some affidavits, the order for judgment, and some other papers. The clerk’s certificate is to tbe effect that tbe papers transmitted are all the papers on file in his office. The return does not contain tbe pleadings, or anything satisfying tbe requirements of sec. 2898, Stats. 1898, as to tbe contents of a judgment roll, or a bill of exceptions, or a certificate showing what papers were used on tbe motion to dismiss. Eespondent’s counsel called tbe court’s attention to the insufficiency of the return and asked that tbe appeal be dismissed because of such insufficiency.
By the Cowrt.— The appeal is dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.