Legal Opinion

Lewis v. Larson

Wisconsin Supreme Court

Decided August 15, 1878PublishedCited by 4 opinions

APPEAL from the County Court of Winnebago County. Action commenced before a justice of the peace to recover for goods sold and delivered by the plaintiffs to the defendant. On the return day of the summons, the parties appeared and joined issues, and the cause was adjourned one week.

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APPEAL from the County Court of Winnebago County. Action commenced before a justice of the peace to recover for goods sold and delivered by the plaintiffs to the defendant. On the return day of the summons, the parties appeared and joined issues, and the cause was adjourned one week. On the adjourned day, the parties again appeared, and (quoting from the docket of the justice) “defendant pays by check made by J. W. Edwards in the amount of $138.80, to be taken by plaintiff and applied as follows: first, to payment of the costs; balance on or against the claim, so far as the same may go.” The…

1Opinion of the CourtLtoN, J.

The judgment of a justice of the peace will not be reversed on a common-law certiorari, if the justice had jurisdiction to render it, no matter how irregular or erroneous it may be. Hence, in the present case, the only question for the county court to determine was, whether the justice had jurisdiction to render any judgment in the action; and that is the only question to be determined on this appeal. Owens v. The State, 27 Wis., 456; Mil. Iron Co. v. Schubel, 29 id., 444; The State v. Huck, id., 202; Coffee v. City of Chippewa Falls, 36 id., 121; Varrell v. Church, id., 318; Wardsworth v.…

2Cases cited1 opinion

  1. Owens v. StateWisconsin Supreme Court · 1871

3Cited by4 opinions

  1. Smith v. BahrWisconsin Supreme Court · 1885
  2. Alford v. JacobsonWisconsin Supreme Court · 1879
  3. State ex rel. Valeton v. SkinnerSupreme Court of Louisiana · 1881
  4. Garnsey v. County CourtOregon Supreme Court · 1898

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