Cady v. Anson
Wisconsin Supreme Court
ERROR TO THE MOTIOIPAIi COURT OE THE CITY OE WATERTOWN. Anson, the defendant in error, sued Cady, the plaintiff in error, before a justice of the peace of the city of Watertown, in an action of trover, and obtained judgment for $100. Cady appealed to the Municipal Court of said city, when the plaintiff below moved to dismiss the appeal, for the reason that there was no affidavit of the defendant or any person for him, that his appeal is made in good faith, &c.
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ERROR TO THE MOTIOIPAIi COURT OE THE CITY OE WATERTOWN. Anson, the defendant in error, sued Cady, the plaintiff in error, before a justice of the peace of the city of Watertown, in an action of trover, and obtained judgment for $100. Cady appealed to the Municipal Court of said city, when the plaintiff below moved to dismiss the appeal, for the reason that there was no affidavit of the defendant or any person for him, that his appeal is made in good faith, &c. The affidavit is as follows, after the venue: “ Augustus F. Cady, of said city and county, 'being duly sworn upon oath says, that in…
1Opinion of the Court
By the Court,
Smith, J.
There can be no doubt that the affidavit for appeal in this case, is sufficient. The records and proceedings before justices of the peace, are to be liberally construed when his jurisdiction is clear, and appeals are to be favored. If the technical criticism here contended for, should prevail, there would be an end to the administration of justice before these tribunals.
The judgment of the court below is reversed, and the cause remanded for further proceedings according to law.
2Cited by1 opinion
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