Clark v. Miles
Wisconsin Supreme Court
Error to the La Fayette Circuit Court. The case was this: Miles, one of the ’defendants in error, undertook to make an appeal from á Judgment rendered against him; but in that proceeding neglected to file, before the Justice, the affidavit required by the Statute. The Justice nevertheless allowed the appeal; hut the late District Court dismissed it, when brought before that tribunal.
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Error to the La Fayette Circuit Court. The case was this: Miles, one of the ’defendants in error, undertook to make an appeal from á Judgment rendered against him; but in that proceeding neglected to file, before the Justice, the affidavit required by the Statute. The Justice nevertheless allowed the appeal; hut the late District Court dismissed it, when brought before that tribunal. An action was then brought by the plaintiff in the Judgment against Miles and his surety on the bond given on making the appeal, and that Court rendered judgment against the plaintiff in error, upon the ground…
1Opinion of the Court
By the Court.
LaRraeee, J.
It appears from the record in this cause, that the defendant Miles took every step to entitle him to an appeal, with the single exception of filing an affidavit with the Justice, as is required by the Statute. An appeal was allowed by the Justice, and subsequently dismissed by the District Court. Thereupon the plaintiff brought his suit in the La Fayette Circuit, upon the recognizance filed by the defendant, with Bar-retto as surety, and that Court rendered judgment against him.
The appeal was properly dismissed in the first instance, hs the affidavit was absolutely…
2Cited by1 opinion
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