Hills v. Miles
Wisconsin Supreme Court
ERROR to tbe Circuit Court for Dodge County. Tbe case is stated, in tbe opinion of tbe court. argued that it must affirmatively appear from tbe record, that tbe judgment appealed from is tbe identical judgment returned by tbe justice, and that tbe notice of appeal must show this. If it does not, tbe defect is fatal.
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ERROR to tbe Circuit Court for Dodge County. Tbe case is stated, in tbe opinion of tbe court. argued that it must affirmatively appear from tbe record, that tbe judgment appealed from is tbe identical judgment returned by tbe justice, and that tbe notice of appeal must show this. If it does not, tbe defect is fatal. Jewett vs. Monroe, 3 "Wend., 426; Ex parte Weed, 5 Cow., 286; Ex parte Alvord, 6 id., 585 ; Ex parte Brown, 7 id., 468. Tbe right to an appeal depends upon a strict compliance witb tbe requirements of tbe statute, which are imperative, not merely directory. 2 Chand., 94; 4 id., 32…
1Opinion of the Court
By the Court,
PAINE, J.
This action was commenced before a justice of the peace, where the plaintiff recovered judgment, and the defendant appealed to the circuit court. In that court the plaintiff’s counsel moved to dismiss the appeal, and the motion was granted on the ground that the notice of appeal served on the justice did not correctly describe the judgment appealed from.
The action was to recover the possession of personal property. The jury found that the plaintiff was entitled to the possession, the value at $97 55, and nominal damages for the detention. The" judgment was entered for…
2Cases cited5 opinions
- Latham v. EdgertonNew York Supreme Court · 1828
- Dykeman v. BuddWisconsin Supreme Court · 1854
- Verbeck v. VerbeckWisconsin Supreme Court · 1858
- McCaffrey v. NolanWisconsin Supreme Court · 1853
- Bander v. CovillNew York Supreme Court · 1825
3Cited by3 opinions
- Ohse v. BrussWisconsin Supreme Court · 1878
- People v. DempseyNew York Supreme Court · 1884
- Clune v. WrightWisconsin Supreme Court · 1897