Pelton v. Town of Blooming Grove
Wisconsin Supreme Court
This was an action commenced before a justice of the peace for Dane County against the defendant in error, to recover for alleged services as town clerk, and also for medical services, where the plaintiff recovered judgment for $26.00 and costs, on the 10th day of August, 1853. On the 11th day of August, 1853, the defendant filed a recognizance for an appeal, but the sureties to the said recognizance did not justify, nor was their responsibility admitted by the opposite…
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This was an action commenced before a justice of the peace for Dane County against the defendant in error, to recover for alleged services as town clerk, and also for medical services, where the plaintiff recovered judgment for $26.00 and costs, on the 10th day of August, 1853. On the 11th day of August, 1853, the defendant filed a recognizance for an appeal, but the sureties to the said recognizance did not justify, nor was their responsibility admitted by the opposite party. Afterwards, at the November term of the County Court of said county, the plaintiff moved the court to dismiss the…
1Opinion of the Court
By the Court,
Cbawfok», J.
The judgment of the County Court in this case must be reversed, because that court acquired no jurisdiction of it.
Section 228 of Chapter 88 of the Revised Statutes, prohibits an appeal unless an affidavit, stating that the appeal is made in good faith, &c., be presented *312justice of the peace, before whom the case was tried, and a recognizance be entered into by the ap-peiiant or some person tor him, with one- or more sureties, within ten days after the rendition of iudgment.
In this case no affidavit appears to have been made, nor was the recognizance originally entered…
2Cases cited3 opinions
- Murray v. JudahNew York Supreme Court · 1826
- Brown v. PrattWisconsin Supreme Court · 1851
- Clark v. MilesWisconsin Supreme Court · 1850
3Cited by2 opinions
- Drinkwine v. City of Eau ClaireWisconsin Supreme Court · 1892
- Howard v. City of BrooklynAppellate Division of the Supreme Court of the State of New York · 1898