83 Wis. 483 | Wis. | 1892
At the first term after the return of the justice on appeal, the case was continued on application of the plaintiff, and at the next term the case was not brought to trial, and the appeal was dismissed under the statute. It appears from the minutes of the clerk that, at the term when the appeal was dismissed, the attorney of the defendant appeared in court, and .gave notice in the presence of the attorney for the plaintiff of a motion to reinstate the appeal and set aside the order dismissing the action, and asked for time to prepare affidavits. The court thereupon, in presence of the counsel of the plaintiff, ordered that time be given for the defendant’s attorney to make and file affidavits, and that all proceedings be stayed on
By the Court.— The order of the circuit court is affirmed.