Palmer v. Peterson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Racime County. Plaintiffs recovered a judgment against the defendant in justice’s court. The papers having been sent up by the jus- ' tice to the circuit court as upon an appeal by the defendant, plaintiffs moved to dismiss the appeal, and appealed to this court from an order denying their motion. The error alleged will appear from the opinion.
1Opinion of the CourtCole, J.
The statute regulating the manner of taking an appeal from a judgment of a justice of the peace, requires the appellant, or some person authorized by him, to make and present to the justice before whom the action is tried, a notice of appeal, together with an affidavit that the appeal is made in good faith. Sec. 223, ch. 120, Tay. Stats. It is objected in this case, that the notice of appeal and the affidavit do not purport to have been made by or on behalf of the defendant, or by any person authorized by him. The objection seems to be well taken. The notice of appeal is signed “ J. T.…
2Cases cited2 opinions
- Dykeman v. BuddWisconsin Supreme Court · 1854
- Benjamin v. HoustonWisconsin Supreme Court · 1869
3Cited by8 opinions
- Telford v. City of AshlandWisconsin Supreme Court · 1898
- Schweickhart v. StueweWisconsin Supreme Court · 1889
- Morris v. BrewsterWisconsin Supreme Court · 1884
- Aneta Mercantile Co. v. GrosethNorth Dakota Supreme Court · 1910
- Hall v. GilmanWisconsin Supreme Court · 1895
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