Zeh v. McCormick
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Outa-gamie county: Edgar V. Werner, Circuit Judge. Plaintiff sued in a justice’s court of Outagamie county for money had and received in the sum of $95. Trial was had and judgment rendered for the defendant for costs only, February 10, 1917, from which judgment plaintiff appealed to the circuit court for Outagamie county by filing a notice of appeal and undertaking.
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Appeal from a judgment of the circuit court for Outa-gamie county: Edgar V. Werner, Circuit Judge. Plaintiff sued in a justice’s court of Outagamie county for money had and received in the sum of $95. Trial was had and judgment rendered for the defendant for costs only, February 10, 1917, from which judgment plaintiff appealed to the circuit court for Outagamie county by filing a notice of appeal and undertaking. No affidavit to the effect that the plaintiff had a valid claim exceeding $15, under the provision of sub. (2), sec. 3768, Stats., was made or filed with the notice of appeal, and…
1Opinion of the CourtWinslow, C. J.
The act creating the municipal court of Outagamie county provides that appeals from justices’ courts in civil actions, “where the amount of damages or value of property recovered, exclusive of costs, shall not .exceed fifty dollars,” shall be taken to the municipal court; and in all other cases to either the circuit or the municipal court at the election of the successful party, such election to be exercised after the appeal is taken in ways provided for by the act. Sec. 39, ch. 23, Laws 1907.
The first question for decision is whether the present case fell within the first class, i. e. was it…
2Cases cited4 opinions
- Telford v. City of AshlandWisconsin Supreme Court · 1898
- Read v. City of MadisonWisconsin Supreme Court · 1916
- Palmer v. PetersonWisconsin Supreme Court · 1879
- Taylor v. De CampWisconsin Supreme Court · 1887