Kleinsteuber v. Schumacher
Wisconsin Supreme Court
ERROR to the Circuit Court for Milwaukee County. This action was originally brought in justice’s court, and was tried by a jury on the 7th of October, 1873. Verdict for plaintiff for $55 damages, upon which judgment'was entered against the defendants, with costs.
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ERROR to the Circuit Court for Milwaukee County. This action was originally brought in justice’s court, and was tried by a jury on the 7th of October, 1873. Verdict for plaintiff for $55 damages, upon which judgment'was entered against the defendants, with costs. The defendants removed the cause to the circuit court by common law writ of certiorari, assigning as grounds for the same, that the justice erred in not having taxed the costs ox-entered judgment within a proper time, and also in having taxed up against them various illegal items of costs. The affidavit of one of the defendants, upon…
1Opinion of the Court
Cole, J,
The first exception relied on for a reversal of the judgment of the circuit court is the one taken to the refusal of the court to quash the writ of certiorari. It is insisted that the writ should have been quashed because of the insufficiency of the affidavit upon which it was granted. The specific objection taken to the affidavit is, that many of the material facts are stated upon information and belief merely, and not positively as they should have been. We think the objection was very properly disregarded. There is surely enough stated in the affidavits to show that the justice…
2Cases cited2 opinions
- Wearne v. SmithWisconsin Supreme Court · 1873
- Detling v. WeberWisconsin Supreme Court · 1872
3Cited by4 opinions
- Cassidy v. MillerickWisconsin Supreme Court · 1881
- Hull v. MalloryWisconsin Supreme Court · 1882
- Reilly v. AndroWisconsin Supreme Court · 1927
- McClain Adm'r v. DavisWest Virginia Supreme Court · 1892