Atkins v. Fraker
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Action commenced before the police justice of the village of Omro, in 1872, upon defendant’s guaranty of payment of a certain promissory note, amounting, with accrued interest, to $131. The defendant appeared and defended the action ; and judgment was rendered against him, from which he appealed to the county court.
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APPEAL from the Circuit Court for Winnebago County. Action commenced before the police justice of the village of Omro, in 1872, upon defendant’s guaranty of payment of a certain promissory note, amounting, with accrued interest, to $131. The defendant appeared and defended the action ; and judgment was rendered against him, from which he appealed to the county court. By leave of that court plaintiff filed a new complaint, and defendant a new answer; and, the case having come on for trial, the county court made an order dismissing the case on the ground that the court below had no jurisdiction…
1Opinion of the CourtDixon, C. J.
The case presents an important constitutional question, and, unwelcome as the task may be, it also involves the review and overruling of at least two previous decisions of this court. The question arises under section 2, art. VII. of the constitution, and section 46 of ch. 394, P. & L. Laws of 1871, entitled “ an act to amend and consolidate the charter of the village of Omro.”
Section 2, art. VII. of the constitution reads: “ The judicial power of this state, both as to matters of law and equity, shall be vested in a supreme court, circuit courts, courts of probate, and injustices of the…
2Cases cited5 opinions
- Slauson v. City of RacineWisconsin Supreme Court · 1861
- State ex rel. Rogers v. Judge of County CourtWisconsin Supreme Court · 1860
- State ex rel. Stark v. McArthurWisconsin Supreme Court · 1861
- Lane v. BurdickWisconsin Supreme Court · 1863
- Brockway v. CarterWisconsin Supreme Court · 1870
3Cited by17 opinions
- Petition of BreidenbachWisconsin Supreme Court · 1934
- State ex rel. Reynolds v. SandeWisconsin Supreme Court · 1931
- State v. CoubalWisconsin Supreme Court · 1945
- Zitske v. GoldbergWisconsin Supreme Court · 1875
- United Gas, Coke & Chemical Workers of America, Local 18 v. Wisconsin Employment Relations BoardWisconsin Supreme Court · 1949
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