Driscoll v. Smith
Wisconsin Supreme Court
APPEAL from, the County Court of Dodge County. The facts sufficiently appear from the opinion. To the point that on certiora/ri only jurisdictional questions will be considered, they cited, besides the cases cited in the opinion: Tallmadge v. Potter, 12 Wis., 317; Owen v. State, 27 id., 456; Taylor v. Wilkinson, 22 id., 40; Milwaukee Iron Oo. v. ScTmbel, 29 id., 444; State v. Huek, id., 202; Odilon v. Sternberg, 38 id., 539; Hedly v. Kneelcmd, 48 id., 497. To the point that…
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APPEAL from, the County Court of Dodge County. The facts sufficiently appear from the opinion. To the point that on certiora/ri only jurisdictional questions will be considered, they cited, besides the cases cited in the opinion: Tallmadge v. Potter, 12 Wis., 317; Owen v. State, 27 id., 456; Taylor v. Wilkinson, 22 id., 40; Milwaukee Iron Oo. v. ScTmbel, 29 id., 444; State v. Huek, id., 202; Odilon v. Sternberg, 38 id., 539; Hedly v. Kneelcmd, 48 id., 497. To the point that the time of appearance, etc., which the justice is required to enter on his docket, includes the hour of the day, he…
1Opinion of the CourtOrton, J.
This was a common law certiora/ri from a justice of the peace to the county court, upon which the judgment of the justice in favor of the plaintiff was reversed *39on two grounds-: (1) That it does not appear from the docket of the justice that the case was called at the exact hour stated in the summons; (2) that the justice rendered the judgment without evidence. This second ground is untenable, because on such a writ the evidence and special rulings of the justice upon the trial cannot be reviewed. Bacon v. Bassett, 19 Wis., 45; Roberts v. Warren, 3 Wis., 736; Frederick v. Clark, 5 Wis., 191;…
2Cases cited6 opinions
- State ex rel. Moreland v. WhitfordWisconsin Supreme Court · 1882
- Baizer v. LaschWisconsin Supreme Court · 1871
- Roberts v. WarrenWisconsin Supreme Court · 1854
- Cassidy v. MillerickWisconsin Supreme Court · 1881
- Bacon v. BassettWisconsin Supreme Court · 1865
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State ex rel. Marsh v. WhittetWisconsin Supreme Court · 1884
- Fulton v. State ex rel. MeinersWisconsin Supreme Court · 1899
- Kuker v. BeindorffNebraska Supreme Court · 1901
- Crate v. PettepherWisconsin Supreme Court · 1901
- Paulsen v. IngersollWisconsin Supreme Court · 1885
1 more not listed; retrieve them via the Exa API.