Sullivan v. Miles
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Ashland county: JohN K. Paeish, Circuit Judge. This is a claim against tbe estate of Hanna J. Newland. Tbe action was tried before the court, a jury being waived. Tbe facts were not in dispute.
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Appeal from a judgment of tbe circuit court for Ashland county: JohN K. Paeish, Circuit Judge. This is a claim against tbe estate of Hanna J. Newland. Tbe action was tried before the court, a jury being waived. Tbe facts were not in dispute. It appeared that on July 28, 1893, tbe plaintiffs obtained judgment before a justice of tbe peace against the deceased, who was then living, for $56.34 damages and costs, and that on tbe 22d day of August, 1893, a duly certified transcript of said judgment was filed in the office of the clerk of the circuit court for the proper county; that Hanna J.…
1Opinion of the CourtWiNsnow, J.
The trial court decided that the plaintiffs’ cause of action was barred by the statute of limitations, under subd. 1, sec. 4222, Stats. 1898, which provides that actions upon judgments not of courts of record must be brought within six years. If the judgment in question is to be treated as simply the judgment of a justice’s court, tbe ruling was right; if not, the ruling was wrong. This question depends upon the construction to be given to sec. 2900, Stats. 1898, which provides for the filing of a transcript of a justice’s judgment in the office of the clerk of the circuit court, and declares…
2Cases cited2 opinions
- Duecker v. GoeresWisconsin Supreme Court · 1899
- Jones v. HuntWisconsin Supreme Court · 1895
3Cited by3 opinions
- Higgs v. BurtonUtah Supreme Court · 1921
- J. C. Lewis Co. v. AdamskiWisconsin Supreme Court · 1907
- McGeehan v. BedfordWisconsin Supreme Court · 1906