Johnson v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the County Court of Dodge County. The action was brought before a justice of the peace of Dodge county. The plaintiff recovered, and the defendant company appealed from the judgment of the justice, specifying in the notice of appeal that it appealed “ to the circuit court of Dodge county.” An undertaking to stay execution 'was given, in which it was recited that the appeal was to that court.
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APPEAL from the County Court of Dodge County. The action was brought before a justice of the peace of Dodge county. The plaintiff recovered, and the defendant company appealed from the judgment of the justice, specifying in the notice of appeal that it appealed “ to the circuit court of Dodge county.” An undertaking to stay execution 'was given, in which it was recited that the appeal was to that court. These proceedings were had in December, 1875. The justice made return to the appeal to the circuit court. On plaintiff’s motion, that court dismissed the appeal for want of jurisdiction, and…
1Opinion of the CourtLyoN, J.
By ch. 86, Laws of 1812, as amended by ch. 169, Laws of 1874, the county court of Dodge county has exclusive jurisdiction of appeals from the judgments of justices of the peace of that county. In this case, the appeal from the justice’s judgment was expressly taken to the circuit court. That court bad no jurisdiction of the appeal, and very properly dismissed it. We are now asked to hold that there was a valid appeal to the county court of Dodge county, and that the latter court erred in dismissing it.
Had the notice of appeal failed to specify the court to which it was taken, it might,…
2Cases cited1 opinion
- Steckmesser v. GrahamWisconsin Supreme Court · 1859