62 Wis. 129 | Wis. | 1885
Had an action been brought against the appellants on their recognizance, and judgment recovered against them therein, there can be no doubt that they could bring the case here for review, by appeal. Although the action would arise out of a criminal prosecution and conviction, it would be an action on the contract or obligation contained in the recognizance. Of course, the judgment in such an action.is appealable.
Ye think the essential nature and incidents of a judg
No doubt the convicted party would be, compelled to resort to his writ of error or certiorari, in order to obtain a review by this court of the judgment against him; but we are clearly of the opinion that the sureties may obtain such review of the judgment against them by appeal. On this motion we decide no other point in the case.
By the Court.— The motion to dismiss the appeal is denied.
The appeal was dismissed by stipulation March 31, 1885.