Narrative Opinion Summary
The county court of Waushara County issued an order on September 2, 1953, which is identical to a prior order in the Estate of Eannelli case previously determined by this court. The appellant sought an extension of time to appeal or, alternatively, a new trial, but this request was only made in the Eannelli case and not in the current matter. No motion or petition relevant to the present case was filed, nor was a bill of exceptions settled, served, or filed. Additionally, there was no consolidation order between the appeals. Consequently, upon the respondent's motion, the court has no choice but to dismiss the appeal.
Legal Issues Addressed
Dismissal of Appeal due to Procedural Deficiencysubscribe to see similar legal issues
Application: The appeal was dismissed because the appellant failed to file the necessary motions or petitions, and there was no bill of exceptions settled, served, or filed in the present case.
Reasoning: No motion or petition relevant to the present case was filed, nor was a bill of exceptions settled, served, or filed.
Lack of Consolidation of Appealssubscribe to see similar legal issues
Application: The court dismissed the appeal because there was no consolidation order between the current appeal and the Eannelli case, highlighting the importance of proper procedural steps for consolidation.
Reasoning: Additionally, there was no consolidation order between the appeals.
Precedent from Identical Prior Ordersubscribe to see similar legal issues
Application: The court referenced a prior identical order from the Estate of Eannelli case to support its decision, demonstrating how prior decisions can impact current proceedings when circumstances are identical.
Reasoning: The county court of Waushara County issued an order on September 2, 1953, which is identical to a prior order in the Estate of Eannelli case previously determined by this court.