Allard v. Smith
Wisconsin Supreme Court
Appeal from an order of the county court of Eond du Lac county: A. E. Bichter, Judge. A judgment was rendered in a justice’s court against the defendant. He at once, on the 15th day of January, 189T, presented to the justice a notice of appeal with the proper affidavit, and tendered him $7.50 as and for the sum required to be paid to the justice upon taking an appeal.
Read the full summary
Appeal from an order of the county court of Eond du Lac county: A. E. Bichter, Judge. A judgment was rendered in a justice’s court against the defendant. He at once, on the 15th day of January, 189T, presented to the justice a notice of appeal with the proper affidavit, and tendered him $7.50 as and for the sum required to be paid to the justice upon taking an appeal. The justice told him the sum was too small, and refused to receive it, but claimed that $9.50 was the proper sum. The defendant made no further tender, and the justice declared that he would not make a return. The defendant at…
1Opinion of the CourtNewMAN, J.
The contention arises out of a dispute between the appellant and the justice of the peace over the amount of fees to which the latter was entitled before he could be compelled to make a return. The whole difference between them was the sum of two dollars. The appellant clearly has the courage of his conviction. He pays his attorney, presumably, many times the sum in dispute, and takes the risks of the miscarriage of his suit. A more direct and less hazardous remedy seems to be ftirnished by sec. 3957, E. S. But the remedy by appeal seems to be more heroic. And the appellant seems to have a…
2Cases cited6 opinions
- Atkinson v. ManksNew York Supreme Court · 1823
- Treat v. HilesWisconsin Supreme Court · 1889
- Hughes v. FeeterSupreme Court of Iowa · 1867
- Imley v. BeardCalifornia Supreme Court · 1856
- Sleeper v. KellyCalifornia Supreme Court · 1863
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Allard v. SmithWisconsin Supreme Court · 1903
- Todorovic v. HirschbergWisconsin Supreme Court · 1920