Kearney v. Andrews
Wisconsin Supreme Court
Action of trover commenced before a justice of tbe peace of Racine county, by Edwin Andrews, survivor, &c. vs. John Kearney: The plaintiff obtained- judgment for $100 damages and $6.15 costs, and Kearney attempted to appeal. The recognizance was in the sum of $200, and in the usual form, and the principal question raised was upon the sufficiency of the affidavit for appeal, which was as follows: “ State of Wisconsin, Racine county, ss.
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Action of trover commenced before a justice of tbe peace of Racine county, by Edwin Andrews, survivor, &c. vs. John Kearney: The plaintiff obtained- judgment for $100 damages and $6.15 costs, and Kearney attempted to appeal. The recognizance was in the sum of $200, and in the usual form, and the principal question raised was upon the sufficiency of the affidavit for appeal, which was as follows: “ State of Wisconsin, Racine county, ss. Nelson Millett, being duly sworn, says that he is one of the attorneys for John Kear-ney in .the case of Edwin Andrews, survivor, &c., of David Andrews,…
1Opinion of the Court
By the Court,
Cole, J.
This suit was commenced by Andrews vs. Kearney, before William S. Rice, a justice of tbe peace for tbe city and county of Racine. Tbe justice, upon the trial, rendered a judgment in favor of Andrews for $100 damages, and $6.15 costs of suit. Within the time required by the statute, the attorney of Kearney made and filed an affidavit and recognizance for an appeal. The appeal was allowed, and the papers in tbe cause transmitted to the Circuit Court. On the 4th of May, 1855, Andrews filed bis motion in the Circuit Court to dismiss tbe appeal for the following reasons:
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2Cases cited2 opinions
- Humphrey v. CandeNew York Supreme Court · 1824
- Ganet v. MearsWisconsin Supreme Court · 1856
3Cited by2 opinions
- Filer & Stowell Co. v. SohnsWisconsin Supreme Court · 1885
- Wattawa v. JahnkeWisconsin Supreme Court · 1903