Haner v. Town of Polk
Wisconsin Supreme Court
In tbe month of November, 1856, the plaintiff recovered judgment against the defendant before Walter Demmon, a justice of the peace, of the town of West Bend, in said county, for the sum of $57,46. Thomas Jenner and other persons, describing themselves as supervisors of the town of Polk, made an affidavit, and executed a recognizance for appeal. The recognizance was executed thus: “ The Town of Polk, by Thomas Jenner, &c., supervisors.”
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In tbe month of November, 1856, the plaintiff recovered judgment against the defendant before Walter Demmon, a justice of the peace, of the town of West Bend, in said county, for the sum of $57,46. Thomas Jenner and other persons, describing themselves as supervisors of the town of Polk, made an affidavit, and executed a recognizance for appeal. The recognizance was executed thus: “ The Town of Polk, by Thomas Jenner, &c., supervisors.” It does not appear, that the Town ever authorized the appeal to be taken. The circuit court, at October term, 1857, the defendant having noticed the cause for…
1Opinion of the Court
By the Oovmt,
Cole, J.
Tbe record in this case is very meagre, and as it now stands, presents tbe following state of facts. This action was commenced by the appellant before a justice of tbe peace against tbe town of Polk, to recover damages which be had sustained on account of bis team, (a yoke of oxen), falling through a defective bridge over Cedar creek, on tbe highway in that town ; in consequence of which fall, one of the oxen was injured to such an extent that he died. The cause was tried by a jury, on the 25th of November, 1856, and a verdict given for the appellant for forty-four…
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