Stokes v. Knarr
Wisconsin Supreme Court
APPEAL PROM CIRCUIT COURT, DODGE COUNTY This was an action to vacate a judgment entered by a justice of the peace in favor of the defendant against the plaintiff, and to restrain the collection of the same. The complaint showed that on the 9th of August, 1858, Knarr procured a summons from the justice which was duly served on this plaintiff, an issue was made and a trial by jury had on the 2d of September, and verdict for $100 rendered in favor of Knarr.
Read the full summary
APPEAL PROM CIRCUIT COURT, DODGE COUNTY This was an action to vacate a judgment entered by a justice of the peace in favor of the defendant against the plaintiff, and to restrain the collection of the same. The complaint showed that on the 9th of August, 1858, Knarr procured a summons from the justice which was duly served on this plaintiff, an issue was made and a trial by jury had on the 2d of September, and verdict for $100 rendered in favor of Knarr. The verdict was rendered at 2 o’clock, A. M., on the 3d, but the justice made no minute of the verdict, and did not enter a judgment on the…
1Opinion of the Court
By the Court,
Paine, J.
We do not deem it necessary to decide whether the justice of the peace lost jurisdiction of the case and power to enter any judgment, by neglecting to make any minute of the verdict, or to enter it in his docket until the day after it was received. It may be conceded for the purpose of this case that he did, and ye still think it does not follow that a court of equity will interfere to injoin the judgment. Those courts do not interfere merely for a defect of jurisdiction in the court where the judgment is rendered. 2 Story Eq., Jur., § 898. On the contrary, they…
2Cases cited1 opinion
- People ex rel. Loomis v. WilkinsonIllinois Supreme Court · 1852
3Cited by28 opinions
- Commercial Credit Corp. v. SmithTexas Supreme Court · 1945
- State ex rel. Wisconsin Inspection Bureau v. WhitmanWisconsin Supreme Court · 1928
- Warden v. Board of SupervisorsWisconsin Supreme Court · 1861
- Ford v. HillWisconsin Supreme Court · 1896
- Milwaukee Iron Co. v. SchubelWisconsin Supreme Court · 1872
23 more not listed; retrieve them via the Exa API.