Weil v. Geier
Wisconsin Supreme Court
APPEAL from the Circuit Court for Washington County. The plaintiff recovered a judgment in justice’s court against the defendant, and a transcript thereof was duly-filed and docketed in the office of the clerk of the circuit court for Washington county.
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APPEAL from the Circuit Court for Washington County. The plaintiff recovered a judgment in justice’s court against the defendant, and a transcript thereof was duly-filed and docketed in the office of the clerk of the circuit court for Washington county. Upon affidavits, the substance of which will sufficiently appear from the opinion, the defendant moved that such transcript be stricken from the records of the circuit court. ' The motion was granted, and from the order entered in that behalf the plaintiff appealed. The issuance of process is. a merely ministerial act. Tompkins v. Sands, 8…
1Opinion of the CourtCole, C. J.
In striking from the record the transcript of the justice’s judgment, the circuit court doubtless proceeded on the theory that such judgment was void. It appeared from the docket entries of the justice, which were made a part of the motion papers, that the summons was issued on the ’Tth of November, 1882, and made returnable on the 20th of that month. It further appeared from the affidavits used in opposition to the motion, that the plaintiff in the action received the summons from the justice on the 8th of November, and delivered it to the constable on the 14th, who served it on that day.…
2Cases cited5 opinions
- Tompkins v. SandsNew York Supreme Court · 1832
- Van Vechten v. PaddockNew York Supreme Court · 1815
- Lampe v. ManningWisconsin Supreme Court · 1875
- Gladwin v. LewisSupreme Court of Connecticut · 1825
- Rice v. MeadNew York Supreme Court · 1862
3Cited by9 opinions
- Reclamation District No. 535 v. HamiltonCalifornia Supreme Court · 1896
- Lamberton v. PerelesWisconsin Supreme Court · 1894
- Whipple v. HillNebraska Supreme Court · 1893
- Bryant v. BryantArizona Supreme Court · 1932
- Havens v. StilesIdaho Supreme Court · 1902
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