Howe v. Elliott
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bond du Lao County. The defendant appealed from a judgment against him rendered by a justice of the peace ; and, on the 18th of September, 1868, near the close of the second term of the court after such appeal, it was dismissed on plaintiff’s motion, for the reason that “no notice of the hearing or trial of the cause had been served upon the plaintiff or her attorney.”
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APPEAL from the Circuit Court for Bond du Lao County. The defendant appealed from a judgment against him rendered by a justice of the peace ; and, on the 18th of September, 1868, near the close of the second term of the court after such appeal, it was dismissed on plaintiff’s motion, for the reason that “no notice of the hearing or trial of the cause had been served upon the plaintiff or her attorney.” On motion of the defendant, based upon his own affidavit and that of his attorney, plaintiff was required to show cause why the order of dismissal should not be vacated; and at the hearing,…
1Opinion of the CourtPaine, J.
This is an appeal from an order refusing to vacate an order dismissing an appeal from a justice of the peace. The appeal was dismissed under the provision of sec. 216, chap. 120, R. S., it not having been noticed for trial by either party, within the two terms succeeding the return.
But, upon the facts stated in the affidavits of the appellant, we think the case ought to have been continued. They show an attempt in good faith to bring it to a hearing at the second term. And although this attempt was unsuccessful, the failure could not be said to have arisen from any thing worse than excusable…
2Cited by6 opinions
- Pinger v. VanclickWisconsin Supreme Court · 1874
- Holt v. ColemanWisconsin Supreme Court · 1884
- Whitham v. MappesWisconsin Supreme Court · 1895
- Comdohr v. ColemanWisconsin Supreme Court · 1885
- Bates v. SteeleWisconsin Supreme Court · 1886
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