Redlin v. Wagner
Wisconsin Supreme Court
Appeal from an order of the circuit court for Winnebago county: GS-eo. W. BueNell, Circuit Judge. Action to recover compensation for injuries caused by an assault and battery. It was begun in justice’s court. Upon the return day an affidavit of prejudice was filed on behalf of the defendant. Thereupon the cause was duly transferred to the next nearest justice. There was then an adjournment by consent without issue having been joined.
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Appeal from an order of the circuit court for Winnebago county: GS-eo. W. BueNell, Circuit Judge. Action to recover compensation for injuries caused by an assault and battery. It was begun in justice’s court. Upon the return day an affidavit of prejudice was filed on behalf of the defendant. Thereupon the cause was duly transferred to the next nearest justice. There was then an adjournment by consent without issue having been joined. Upon the adjourned day plaintiff made due complaint for recovery of damages and moved the court for leave to amend so as to stand in the name of the claimant by…
1Opinion of the CourtMaesiiall, J.
This appeal presents two questions which may be briefly stated and answered.
Upon failure to give security for costs in compliance with *449an order in justice’s court to do-so under sec. 3782, Stats., may the justice enter a judgment of dismissal which may be appealed from, affording the circuit court jurisdiction of the action? That is ruled in the affirmative by Steinam v. Schulte, 83 Wis. 567, 53 N. W. 844; Dorothy v. Richmond, 107 Wis. 652, 83 N. W. 768; and Simanek v. Nemetz, 120 Wis. 42, 97 N. W. 508. In such a case the appellate tribunal may require security for costs to be given.
Is…
2Cases cited7 opinions
- Hafern v. DavisWisconsin Supreme Court · 1860
- Hepp v. HuefnerWisconsin Supreme Court · 1884
- Webber v. WardWisconsin Supreme Court · 1896
- Sabine v. FisherWisconsin Supreme Court · 1875
- Simanek v. NemetzWisconsin Supreme Court · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Green v. Appleton Woolen MillsWisconsin Supreme Court · 1916
- Rohleder v. WrightWisconsin Supreme Court · 1916