Hellriegel v. Truman
Wisconsin Supreme Court
APPEAL from the Circuit Court for O&caihee County. The case is thus stated by Mr. Justice Tatloe: “ An action was commenced in justice’s court against five defendants for wrongfully taking from plaintiff’s possession a pile of stone.
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APPEAL from the Circuit Court for O&caihee County. The case is thus stated by Mr. Justice Tatloe: “ An action was commenced in justice’s court against five defendants for wrongfully taking from plaintiff’s possession a pile of stone. On the return day of the summons all the defendants appeared by attorney, and upon the joint affidavit of three of them, then made, and the affidavit of the defendant Truman, made several days before the return day, of prejudice of the justice, the defendants asked that the case be removed to the next nearest justice. The docket of the justice as to this matter…
1Opinion of the CourtTayloR, J.
The judgment of the circuit court does not state the grounds of reversal, but adjudges that “ the judgment of the justice is manifestly erroneous and void.” The counsel for the respondent insists that the justice’s judgment was void, for two reasons —first, because the law required ■ the justice to remove the case to another justice upon the presentation of the affidavits of the defendants as to his prejudice in the case and the motion for such removal on. *255behalf of the defendants; and, second, because the justice lost jurisdiction of the case by adjourning the ease for one week on the motion…
2Cases cited3 opinions
- State ex rel. Cuppel v. Milwaukee Chamber of CommerceWisconsin Supreme Court · 1879
- Wolcott v. WolcottWisconsin Supreme Court · 1873
- Jenkins v. MorningWisconsin Supreme Court · 1875
3Cited by3 opinions
- State ex rel. Cameron v. RobertsWisconsin Supreme Court · 1894
- Jacubeck v. HewittWisconsin Supreme Court · 1884
- Lyle v. CollierCourt of Appeals of Texas · 1933