Schuster v. Haight
Wisconsin Supreme Court
APPEAL from the County Court of Winnebago County. This appeal was taken by the plaintiffs from an order of the county court refusing to dismiss an appeal taken in the cause to that court by the defendant Haight, from a judgment in justice’s court in favor of the plaintiffs.
1Opinion of the CourtCassoday, J.
The statutes require the party appealing from a judgment in justice’s court to present to the justice “ an affidavit that the appeal is made in good faith, and not for the purpose of delay.” Section 3754, R. S.; section 205, ch. 120, R. S. 1858. Here the paper claimed to be such affidavit purported to be made by Augustus Haight, and the justice to whom it was presented certified that it was “ subscribed and sworn to before” him, but it was not signed bj.Mr. Haight nor any one. In Wright v. Fallon, 47 Wis., 488, it was held that such signature is essential. It is there said: “The paper is not…
2Cases cited4 opinions
- Lederer v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1875
- Ruthe v. Green Bay & Minnesota RailroadWisconsin Supreme Court · 1875
- Knight v. ElliottSupreme Court of Minnesota · 1876
- Wright v. FallonWisconsin Supreme Court · 1879
3Cited by1 opinion
- State ex rel. Hoffmann v. DayWisconsin Supreme Court · 1883