Robson v. Nye
Wisconsin Supreme Court
ERROR TO THE OIROUIT COURT OR DANE COUNTY. This was an action of assumpsit, brought by the plaintiff in error against the defendant in error, before E. H. Lacey, a justice of the peace, to recover damages on a wheat contract on the 26th day of May, A. D. 1854. The issue was made up on the 8d of June, the case adjourned to and tried on the 10th of the same month. The justice, on the 12th, rendered judgment for costs against the plaintiff in error.
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ERROR TO THE OIROUIT COURT OR DANE COUNTY. This was an action of assumpsit, brought by the plaintiff in error against the defendant in error, before E. H. Lacey, a justice of the peace, to recover damages on a wheat contract on the 26th day of May, A. D. 1854. The issue was made up on the 8d of June, the case adjourned to and tried on the 10th of the same month. The justice, on the 12th, rendered judgment for costs against the plaintiff in error. To reverse the decision of the justice, the plaintiff in error, on the 28th of the same month, sued out a writ of certiorari, and placed it in the…
1Opinion of the Court
By the Oourt,
Whiton, C. J.
The Revised Statutes provide {chap. 88, § 218), that writs of certiorari shall be served within ten days after their allowance, upon the justice by whom the judgment was rendered. The writ in this case was not served within the ten days mentioned in the statute, and the question is, whether, as the justice in fact made his return to the writ, the Circuit Court did not become possessed of the case so as to make it to go on and decide it on its merits. We are of opinion that the decision of the court was correct.
It is contended by the counsel for the plaintiff in…
2Cases cited1 opinion
- Clark v. BowersWisconsin Supreme Court · 1853