Wearne v. Smith
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Iowa County. A justice of the peace of said county having rendered a judgment in this cause, upon the verdict of a jury, in favor of the plaintiff, the cause was taken to the circuit court by writ of certiorari. The errors alleged were that the justice did not render judgment forthwith upon the verdict, but did render it on the next day, when he had lost jurisdiction.
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APPEAL from tbe Circuit Court for Iowa County. A justice of the peace of said county having rendered a judgment in this cause, upon the verdict of a jury, in favor of the plaintiff, the cause was taken to the circuit court by writ of certiorari. The errors alleged were that the justice did not render judgment forthwith upon the verdict, but did render it on the next day, when he had lost jurisdiction. The circuit court affirmed the judgment; and defendant appealed. cited sec. 160, ch. 120, E. S.; 2 Wait’s Pr., 695 ; Sibley v. Howard, 3 Denio, 72 ; McNamo/ra v. Spees, 25 Wis., 541; Perkins v.…
1Opinion of the CourtDixoN, C. J.
It appears from the record that upon the trial of the action before the justice of the peace, the jury came into court with their verdict in writing at 11 o’clock, P. M., on the 20th day of March, 1872, whereupon the court received and filed the same, “and, it being so late, the court went home, and on the morning of the 21st of March, 1872, at 9 o’clock, A. M., the court, in. conformance to said verdict,” rendered judgment and entered the same in his docket. The question is, whether the justice lost jurisdiction of the action by his failure to render judgment forthwith on receiving the…
2Cases cited2 opinions
- Allen v. . GodfreyNew York Court of Appeals · 1871
- Chinnock v. StevensWisconsin Supreme Court · 1868
3Cited by7 opinions
- State v. LewisWashington Supreme Court · 1903
- Smith v. BahrWisconsin Supreme Court · 1885
- State ex rel. Traister v. MahoneyWisconsin Supreme Court · 1928
- Taylor v. . ErvinSupreme Court of North Carolina · 1896
- Hull v. MalloryWisconsin Supreme Court · 1882
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