Wright v. Fallon
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waulcesha, County. This action having been commenced in a justice’s court, and a judgment having been there rendered against the defendant, a notice of appeal was filed and served in his behalf, and the justice made a return to the circuit court as upon an appeal.
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APPEAL from the Circuit Court for Waulcesha, County. This action having been commenced in a justice’s court, and a judgment having been there rendered against the defendant, a notice of appeal was filed and served in his behalf, and the justice made a return to the circuit court as upon an appeal. After the cause had been called in that court, and a jury impaneled, plaintiff moved to dismiss the appeal upon the ground that the affidavit on appeal was not signed by the defendant. Defendant’s counsel thereupon proposed that defendant, who was then in court, should be permitted to sign the…
1Opinion of the Court
Ryan, O. J.
The circuit court could not take jurisdiction of the appeal without the statutory affidavit. A substantial *490defect in the affidavit could, therefore, be neither amended nor waived in that court; and the only question here is, whether the proper affidavit was returned by the justice of the peace.
The affidavit may be made by the appellant or by his agent. E. S., sec. 3754. The justice returned a paper in the form of the statutory affidavit, purporting to be made by the appellant, certified by the justice to have been subscribed and sworn before him. The paper is not signed by the…
2Cases cited4 opinions
- Jackson ex dem. Kenyon v. VirgilNew York Supreme Court · 1808
- Millius v. ShaferNew York Supreme Court · 1846
- Lederer v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1875
- Hathaway v. ScottNew York Court of Chancery · 1844
3Cited by4 opinions
- Baker v. StateWisconsin Supreme Court · 1883
- Appeal of RoystonWisconsin Supreme Court · 1881
- Schuster v. HaightWisconsin Supreme Court · 1881
- State ex rel. Hoffmann v. DayWisconsin Supreme Court · 1883