Shroudenbeck v. Phœnix Fire Insurance
Wisconsin Supreme Court
APPEAL from the Circuit Court for Hacine County. This was an action to recover an amount claimed to be due tbe plaintiffs from the defendant on an insurance policy, and was commenced before a justice of the peace in Eacine county, by the service of a summons upon one Wright, agent of the Insurance Company in the city of Eacine.
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APPEAL from the Circuit Court for Hacine County. This was an action to recover an amount claimed to be due tbe plaintiffs from the defendant on an insurance policy, and was commenced before a justice of the peace in Eacine county, by the service of a summons upon one Wright, agent of the Insurance Company in the city of Eacine. The cause was tried and judgment rendered by the justice in favor of the plaintiffs, November 12th, 1861, for $100 and costs. • On the 25th of the same month, a notice of appeal to the circuit court from said judgment, signed u Phoenix Mre Insurance Company of…
1Opinion of the Court
By the Court,
Cole, J.
We think the appeal in this case was improperly dismissed. The company appeared by its attorney before the justice, putin an answer and went to trial, thus submitting itself to the jurisdiction of the court. On being defeated in that court, the agent Wright, on behalf of the company, gave notice of an appeal and made the affidavit required by the statute. We cannot see why the appeal was not regular. Of course a corporation could only appeal by its agent. It is said it does not appear that the agent was authorized by the company to take this appeal, or to appear for it in…
2Cited by2 opinions
- Beem v. KimberlyWisconsin Supreme Court · 1888
- Lauferty v. PrickettIndiana Supreme Court · 1875