Meng v. Winkleman
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. This action was brought before a justice of the peace, and tried by him without a jury. The cause was submitted to him at 5:30 P. M., November 5th; “ whereupon the court adjourned the case for seventy-two hours, to consider upon a rendition of judgment, at which time, five and a half o’clock in the afternoon of the 9th ihst., judgment will be rendered at my office.” This quotation is from the docket of the justice.
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APPEAL from the Circuit Court for Dane County. This action was brought before a justice of the peace, and tried by him without a jury. The cause was submitted to him at 5:30 P. M., November 5th; “ whereupon the court adjourned the case for seventy-two hours, to consider upon a rendition of judgment, at which time, five and a half o’clock in the afternoon of the 9th ihst., judgment will be rendered at my office.” This quotation is from the docket of the justice. At the appointed time the justice rendered judgment for the plaintiff. The intervening 7th of November was Sunday. Defendant removed…
1Opinion of the CourtLyon, J.
The only question presented by this appeal is, whether the justice, when he took time to consider upon the cause, adjourned the same for a longer time than the statute allows.
The statute provides that “ whenever a justice shall take time to consider upon a cause submitted to him for decision, he shall continue the cause to a time to be by him named, not more than seventy-two hours from the time the same is so submitted, at which time he shall enter his judgment.” R. S., ch. 120, sec. 96.
We are entirely satisfied that it was the intention of the legislature, in the enactment of this statute,…
2Cases cited1 opinion
- Ridgley v. StateWisconsin Supreme Court · 1859
3Cited by6 opinions
- Babcock v. MerrittColorado Court of Appeals · 1891
- Whereatt v. EllisWisconsin Supreme Court · 1887
- Atchison, Topeka & Santa Fe Railway Co. v. SolorzanoNew Mexico Supreme Court · 1916
- Hughes v. Globe Indemnity Co.Supreme Court of Minnesota · 1918
- Babcock v. MerrittColorado Court of Appeals · 1891
1 more not listed; retrieve them via the Exa API.