Fassman v. Baumgartner
JOHN FASSMAN v. CHRISTIAN BAUMGARTNER and ANNA SCHRANN
Headnotes
Summary
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Opinion of the Court
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Prim, O. J.
Section 526 of the Code declares that “ any party to a judgment or decree, other than a judgment or decree given by confession, jot for want of answer, may appeal tberefrom.”
“When a case is here upon a proper appeal, this court may take any action thereon authorized by statute. But tbis motion develops facts showing that tbis wras an attempted appeal in a case in which the law admits of no appeal. The parties below were present in that court, and the defendants substantially failed to answer, and the decree was given for tbat reason.
*470 There could be no appeal. This court could acquire no jurisdiction of the case, other than to dismiss the attempted appeal.
The plaintiff below might have treated the appeal as a nullity, and procured an e; ecution at any time.
Motion is denied.
How later courts describe this case
Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.
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(dismissing appeal under statute precluding an appeal from “a judgment or decree given * * * for want of answer” where the appellants withdrew their answers in the trial court proceedings)
Cited by 10 cases
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