Barnes v. Schmitz
Wisconsin Supreme Court
APPEAL from, the Circuit Court for Fond du Lao County. Action commenced in justice’s court to recover $160, alleged to be the contract price of a machine sold to defendant by plaintiffs. The answer included a general denial. There was a general verdict for the plaintiffs, upon which the justice rendered judgment in their favor for the damages demanded, and costs.
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APPEAL from, the Circuit Court for Fond du Lao County. Action commenced in justice’s court to recover $160, alleged to be the contract price of a machine sold to defendant by plaintiffs. The answer included a general denial. There was a general verdict for the plaintiffs, upon which the justice rendered judgment in their favor for the damages demanded, and costs. The cause being taken to the circuit court on a common-law certiorari, the justice’s judgment was there reversed; and plaintiffs appealed from the judgment of the circuit court.
1Opinion of the CourtCole, J.
Chief Justice BvaN says, in Varrell v. Church, 36 Wis., 318-320: “This court has repeatedly held, as the law undoubtedly is, that a common-law certiorari reaches questions of jurisdiction only, not matters of error, in causes before justices of the peace.” A number of cases are referred to in the opinion in confirmation of the remark. Such being the well settled rule of law, we have to inquire whether the alleged defect in the proceedings before the justice was one which affected his jurisdiction, or was at most merely error. For, unless the defect went to the very jurisdiction of the…
2Cases cited2 opinions
- Salter v. HilgenWisconsin Supreme Court · 1876
- Varrell v. ChurchWisconsin Supreme Court · 1874
3Cited by5 opinions
- State ex rel. Gaster v. WhitcherWisconsin Supreme Court · 1903
- Krueger v. ConeWisconsin Supreme Court · 1900
- Osborn v. DobrinzWisconsin Supreme Court · 1893
- Salisbury v. ChadbourneWisconsin Supreme Court · 1878
- State ex rel. Weisskopf v. Byrne Bros.Wisconsin Supreme Court · 1924