Tourville v. S. D. Seavey Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Douglas county: A. J. Vibtje, Circuit Judge. In response to a writ of certiorari to review a judgment of tbe municipal court of Douglas county, Wisconsin, tbe proceedings in regard thereto were returned to tbe circuit court for such county.
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Appeal from a judgment of tbe circuit court for Douglas county: A. J. Vibtje, Circuit Judge. In response to a writ of certiorari to review a judgment of tbe municipal court of Douglas county, Wisconsin, tbe proceedings in regard thereto were returned to tbe circuit court for such county. Tbe petition assigned as the sole jurisdictional defect that upon tbe return day of tbe summons there was no appearance by tbe defendant and tbe cause was adjourned for one week, no entry being made in the docket as to tbe place to which it was adjourned; that on tbe return day, though tbe defendant did not…
1Opinion of the CourtMaeshall, J.
As indicated in tbe statement, tbe only jurisdictional defect mentioned in tbe petition is tbe omission to enter upon tbe court docket tbe place to'which tbe trial of tbe cause was adjourned. We agree with respondents counsel that proper practice requires tbe applicant in such cases to state in bis” petition specifically tbe jurisdictional defects relied upon, tbe court issuing tbe writ to regard all others, if any there be, waived, and to affirm or reverse tbe judgment or other final decision involved according to tbe effect thereon thereof. There is no definite declaration to that effect in…
2Cases cited7 opinions
- State ex rel. Schintgen v. Mayor of La CrosseWisconsin Supreme Court · 1898
- Knapp v. HellerWisconsin Supreme Court · 1873
- Brown v. KelloggWisconsin Supreme Court · 1863
- Snyder v. MaloneWisconsin Supreme Court · 1905
- State ex rel. Le Clair v. WrightWisconsin Supreme Court · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State ex rel. Badtke v. School BoardWisconsin Supreme Court · 1957
- State Ex Rel. A. Hynek & Sons Co. v. Board of AppealsWisconsin Supreme Court · 1954
- State ex rel. Grant School District No. 4 v. School BoardWisconsin Supreme Court · 1958
- Merkel v. Village of GermantownCourt of Appeals of Wisconsin · 1998
- De Laval Separator Co. v. HofbergerWisconsin Supreme Court · 1915
1 more not listed; retrieve them via the Exa API.