Norwich Pharmacal Co. v. Abaly
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: E. Eay Stevehs, Circuit Judge. Action to recover on contract commenced in justice’s court. There were formal pleadings, plaintiff seeking to recover $27.50 with interest and costs, and defendant to defeat the plaintiff’s claim and recover on a counter demand $27.25. The defendant recovered judgment in the justice’s court for $11.66 costs.
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Appeal from a judgment of the circuit court for Dane county: E. Eay Stevehs, Circuit Judge. Action to recover on contract commenced in justice’s court. There were formal pleadings, plaintiff seeking to recover $27.50 with interest and costs, and defendant to defeat the plaintiff’s claim and recover on a counter demand $27.25. The defendant recovered judgment in the justice’s court for $11.66 costs. Plaintiff appealed to the circuit court, the notice of appeal being signed in its behalf by its attorneys. One of such attorneys seasonably made an affidavit on behalf of the plaintiff to secure a…
1Opinion of the CourtMaRshall, J.
The sole proposition presented for consideration here is that the court had no jurisdiction to try the cause de novo for want of a proper affidavit under sec. 3767 and sec. 3768, Stats. (1898), providing that an action carried to the circuit court on plaintiff’s appeal from a judgment for less than fifteen dollars shall only be tried de novo in the appellate tribunal in case the plaintiff at the time of appealing makes “an affidavit that he has a valid claim, as he verily believes, against the defendant, as set forth in his complaint, exceeding the sum of fifteen dollars.”
*532That there was no…
2Cases cited2 opinions
- Bullard v. KuhlWisconsin Supreme Court · 1882
- Gruetzmacher v. WannigerWisconsin Supreme Court · 1902
3Cited by2 opinions
- Department of Highways v. Lykes Bros. S. S. Co.Supreme Court of Louisiana · 1945
- Nekoosa-Edwards Paper Co. v. News Publishing Co.Wisconsin Supreme Court · 1921