(Download) "Dependents George A. Vlahos v. Rutland" by Supreme Court of Wisconsin * eBook PDF Kindle ePub Free
eBook details
- Title: Dependents George A. Vlahos v. Rutland
- Author : Supreme Court of Wisconsin
- Release Date : January 06, 1932
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
The order of the commissioner was dated August 6, 1930, and on August 8, an appeal was duly taken by the claimants to the Rutland county court. The appeal was received and filed by the commissioner on August 11. On August 29, the commissioner prepared the appeal copies and attached thereto his certificate which erroneously certified the appeal to the Supreme Court. These papers were mailed from Montpelier on August 30, and were received by claimants attorneys on September 1, which was Labor Day. The next morning they were filed with the clerk of the Rutland county court for entry. Owing to the faulty certificate, the clerk did not enter the appeal on his docket on September 2. The commissioner, on September 5, mailed to claimants attorneys a new certificate, which conformed to the facts. The new certificate bore the same date as the defective one, and upon receipt, it was promptly filed with the clerk, and the appeal, then, was entered and docketed. The delay in filing properly certified copies of the appeal was through no fault or neglect of the claimants or their attorneys. The defendants did not appear in the case before the county court, nor have they appeared in this Court. After evidence had been taken which established the foregoing facts and circumstances respecting the taking and filing of the appeal, the county court ruled that it was without jurisdiction to hear the case, because the appeal was not entered with the clerk within the time required by law, and, of its own motion, it dismissed the appeal. To this ruling the claimants excepted. The only question before us is whether the court erred in dismissing the appeal for want of jurisdiction.