18 Wis. 560 | Wis. | 1864
By the Court,
Before these causes were reached for argument, a motion was made to dismiss the appeal in the case where the bank is appellant. That motion was taken up and considered with the case upon the merits, and our conclusions upon it will now be stated.
These are cross appeals from different parts of the same order made by the circuit court of La Fayette county, on a motion made by the State Bank of Illinois to vacate and set aside certain execution sales. The motion was granted as to some of the sales, and denied as to others; and each party has appealed from so much of the order as affects injuriously his interests. It appears, from the motion papers, that the attorneys for the bank drew up and procured to be entered the entire order; and the motion to dismiss is based upon the fact that no appeal was made or taken by the bank from any p art of the order within thirty days from the time it was entered. It is admitted, however, that there has been no written notice given by the adverse party of the entry of this order; but it is contended that this is not necessary where a party appeals from an order or judgment that he him,self has drawn up and entered. The question then is, must written notice be given under such circumstances, in order to cut off the right of appeal? We are of the opinion that it must be.
Section 9, chap. 264, Laws of 1860, provides that appeals may be taken to the supreme court from judgments in civil actions within two years from the entry thereof, and from or. ders made by the circuit court within thirty days after written notice of the making of the same. Now we think it very clear from the language here employed, that it was not the intention of the legislature to limit the right of appeal from an order to the period of thirty days from the time the party whose rights
And this brings us to a consideration of the appeal upon the merits.
The circuit court vacated and set aside the sales in cases
So much of the order as vacated the sales where no deeds had issued, is reversed, and the rest of the order is affirmed.