Lederer v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. This action was brought in justice’s court, and judgment rendered against the defendant company.
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APPEAL from the County Court of Milwaukee County. This action was brought in justice’s court, and judgment rendered against the defendant company. Within the time allowed for appeal to the county court, a notice of appeal was served upon the justice, and also an affidavit, made by the general solicitor of the company, and regtilar in all respects except that there was no signature to the jurat Upon a motion in the county court to dismiss the appeal for want of a proper affidavit, it was shown by affidavits of the solicitor and a clerk in his office, that the latter was a notary public, and…
1Opinion of the CourtCole, J.
This is an appeal from an order of the court below allowing a notary public to sign his name officially to the jurat of an affidavit of appeal as of the day when the oath was actually administered by him, and denying a motion to dismiss the appeal. It appears from two affidavits which were used on the part of the defendant company in resisting the motion to dismiss, that the affidavit for the appeal was signed by the general solicitor of the company, wdio was authorized to make affidavits for and in behalf of such company, and that the oath was actually administered, but the notary omitted,…
2Cases cited3 opinions
- Ladow v. GroomCourt for the Trial of Impeachments and Correction of Errors · 1845
- Brown v. PrattWisconsin Supreme Court · 1851
- Brearley v. WarrenWisconsin Supreme Court · 1854
3Cited by11 opinions
- Baker v. StateWisconsin Supreme Court · 1883
- Appeal of RoystonWisconsin Supreme Court · 1881
- Evangelical Lutheran St. Peter's Gemeinde v. KoehlerWisconsin Supreme Court · 1884
- Kidder v. FayWisconsin Supreme Court · 1884
- Perkins v. Indiana Manufacturing Co.Indiana Court of Appeals · 1915
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