Conley v. Conley
Wisconsin Supreme Court
APPEAL from the Circuit Court for Iowa County. Tbe action was brought before a justice of the peace under sec. 3358, R. S., as amended by ch. 326, Laws of 1882 (S. & B. Ann. Stats, p. 1873), to remove defendant from certain premises leased to him by the plaintiff, because of the nonpayment of overdue rent.
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APPEAL from the Circuit Court for Iowa County. Tbe action was brought before a justice of the peace under sec. 3358, R. S., as amended by ch. 326, Laws of 1882 (S. & B. Ann. Stats, p. 1873), to remove defendant from certain premises leased to him by the plaintiff, because of the nonpayment of overdue rent. The complaint states that the rent became due November 21, 1889, and that on January 7, 1890, “ complainant made demand in writing of said lessee, John Conley, that he pay said rent so due and unpaid as aforesaid, according to the conditions and agreements in said lease contained; ” also…
1Opinion of the CourtLyoN, J.
Tbe case having been taken to the circuit court by a common-law writ of certiorari, that court could only inquire whether the justice had jurisdiction of the action, for it is settled that the writ only brings up questions of jurisdiction when issued to a judicial tribunal proceeding according to the course of the common law. A justice’s court is such a tribunal. If, therefore, the justice had jurisdiction of the action, the judgment should have been affirmed, although errors or irregularities, not jurisdictional, may have intervened. The question of jurisdiction of the justice is also the…
2Cases cited3 opinions
- Steen v. NortonWisconsin Supreme Court · 1878
- Wells v. American Express Co.Wisconsin Supreme Court · 1882
- Rains v. City of OshkoshWisconsin Supreme Court · 1861
3Cited by6 opinions
- Hotel Hay Corp. v. Milner Hotels, Inc.Wisconsin Supreme Court · 1949
- Stidham v. BrooksSuperior Court of Delaware · 1939
- Minard v. BurtisWisconsin Supreme Court · 1892
- White v. VeitchWyoming Supreme Court · 1921
- Hartnip v. FieldsWisconsin Supreme Court · 1945
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