Filer & Stowell Co. v. Sohns
Wisconsin Supreme Court
APPEAL from the County Court of Mihoaulcee County. This action was brought before a justice of the peace and resulted in a judgment for the plaintiff. The defendant thereupon appealed to the county court. The notice of appeal is in due form, and is entitled in the action.
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APPEAL from the County Court of Mihoaulcee County. This action was brought before a justice of the peace and resulted in a judgment for the plaintiff. The defendant thereupon appealed to the county court. The notice of appeal is in due form, and is entitled in the action. At the foot of it is an affidavit in the following form: “ Henry Bohns being duly sworn says that he is the defendant above named, and makes this affidavit on his own behalf; that this appeal is in good faith, and not for the purpose of delay.” Such affidavit has the proper venue, is subscribed by the defendant, and a proper…
1Opinion of the CourtLyon, J.
The only objections made to the sufficiency of the affidavit of appeal are (1) that it is not entitled in the action; and (2) that it does not state, as required by sec. *1193*154:, R. S., that “ the appeal is made in good faith,” but only “ that this appeal is in good faith,”— the word “ made ” being omitted therefrom. The affidavit, although not entitled in the action, unmistakably refers to the notice of appeal which is so entitled. Such is the necessary signification of the words therein, “ that he is the defendant above named.” This brings the case within the rule of Kearney v. Andrews, 5…
2Cases cited2 opinions
- Evangelical Lutheran St. Peter's Gemeinde v. KoehlerWisconsin Supreme Court · 1884
- Kearney v. AndrewsWisconsin Supreme Court · 1856
3Cited by3 opinions
- Noall v. HalonenWisconsin Supreme Court · 1893
- McCord v. Eastern Railway Co. of MinnesotaWisconsin Supreme Court · 1908
- Cassidy v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888