Clark v. Miles
Wisconsin Supreme Court
ERROR to the Circuit Court for La Fayette County. The • case was this : Miles, one of the defendants in error, undertook to take an appeal from a judgment rendered against him, but in that proceeding neglected to file before the justice the affidavit required by the statute. The justice, nevertheless, allowed the appeal, but the late district court dismissed it when brought before that tribunal.
Read the full summary
ERROR to the Circuit Court for La Fayette County. The • case was this : Miles, one of the defendants in error, undertook to take an appeal from a judgment rendered against him, but in that proceeding neglected to file before the justice the affidavit required by the statute. The justice, nevertheless, allowed the appeal, but the late district court dismissed it when brought before that tribunal. An action was then brought by the plaintiff in the judgment, against Miles and his surety on the bond given on taking the appeal, and that court rendered judgment against the plaintiff in error, upon…
1DissentJacKSON, J.
I am constrained to dissent hi this case from the opinion of a majority of the court.
The simple question arising upon the facts presented is, whether a recovery can be had upon an appeal bond, taken without any authority of law, and under wMch the party giv-mg it can acquire no legal rights ?
I think the weight of authority, as well as every sound principle of reasoning, is clearly against the right of recovery in such a case.
The following is the provision of the statute in relation to appeals from justices’ courts :
“ No appeal shall he allowed in any case, unless the following requisites are…
2Cases cited8 opinions
- Bridge v. FordMassachusetts Supreme Judicial Court · 1808
- Latham v. EdgertonNew York Supreme Court · 1828
- Vose v. DeaneMassachusetts Supreme Judicial Court · 1811
- Olds v. State ex rel. BrookinsIndiana Supreme Court · 1841
- People v. BrownNew York Supreme Court · 1840
3 more not listed; retrieve them via the Exa API.