Allard v. Smith
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Eond du Lac county: Michael KjewaN, Circuit Judge. This is an appeal from a judgment of the circuit court of Eond du Lac county dismissing an appeal from a justice’s court.
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Appeal from a judgment of tbe circuit court for Eond du Lac county: Michael KjewaN, Circuit Judge. This is an appeal from a judgment of the circuit court of Eond du Lac county dismissing an appeal from a justice’s court. It appears from the record: That Allard brought an action of unlawful detainer against Smith before one Bissell, a justice of the peace, and obtained judgment of restitution therein January 14, 1891. That the defendant filed a proper notice and undertaking upon appeal to the county court of Eond du Lac county upon the following day. That at the same time he tendered to the…
1Opinion of the CourtWiNsnow, J.
That the appellant has been industrious in this case is undeniable, but his industry seems to have been largely misdirected. It was his duty to see that a return to the appellate court was made. Until that was done, the appeal was imperfect, and the court had power only to compel a return or dismiss the appeal. Allard v. Smith, 97 Wis. 534, 73 N. W. 50. The copy of the docket filed by Watson, the successor in office of Bissell, constituted no return, in *25law. Tbe statute does not authorize tbe successor in office to make a return, but provides specifically for a return (by compulsion if…
2Cases cited1 opinion
- Allard v. SmithWisconsin Supreme Court · 1897
3Cited by1 opinion
- Todorovic v. HirschbergWisconsin Supreme Court · 1920