Bruins v. Downey
Wisconsin Supreme Court
APPEAL from the County Court of Fond du Lao County. This action was commenced in a justice’s court; and, upon the trial there, judgment was rendered in favor of the defendant. Plaintiff appealed from that judgment to the county court of Fond du Lac county. No affidavit was made by him to entitle him to a new trial in that court, and it does not appear that the justice ever returned to that court the proceedings had before him.
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APPEAL from the County Court of Fond du Lao County. This action was commenced in a justice’s court; and, upon the trial there, judgment was rendered in favor of the defendant. Plaintiff appealed from that judgment to the county court of Fond du Lac county. No affidavit was made by him to entitle him to a new trial in that court, and it does not appear that the justice ever returned to that court the proceedings had before him. The record returned to this court states that, after hearing counsel of the respective parties, the county court reversed the decision of the justice, with costs to the…
1Opinion of the CourtTaylor, J.
The records and papers returned to this court do not show that any return was ever made to the county court of the proceedings had before the justice. Until the justice made a return of his proceedings and the judgment in his court, to the county court, no proceeding in the case could he *497regularly had in that court, except an application for an order to compel such return, or an application to dismiss the appeal. The appellate court, in the absence of a return by the justice, could not lawfully reverse the judgment, for the reason that there was nothing before that court showing any errors in…
2Cited by4 opinions
- People ex rel. Woodward v. DraperNew York Supreme Court · 1910
- Allard v. SmithWisconsin Supreme Court · 1897
- Todorovic v. HirschbergWisconsin Supreme Court · 1920
- Horan v. City of Eau ClaireWisconsin Supreme Court · 1904