Wheeler v. Smith
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waupacca County. This action was commenced before W. B. Hibbard, Esq., a justice of the peace in said county, by F. F. Wheeler and H. B. Wheeler, for goods sold and delivered by them (under the firm name of F. F. Wheeler & Go.) to the defendant.
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APPEAL from the Circuit Court for Waupacca County. This action was commenced before W. B. Hibbard, Esq., a justice of the peace in said county, by F. F. Wheeler and H. B. Wheeler, for goods sold and delivered by them (under the firm name of F. F. Wheeler & Go.) to the defendant. After the service of the summons, and after the parties had appeared at the time specified in said summons, the defendant procured the cause to be removed before another justice, to wit, J. V. Andrews, Esq. The docket of Justice Andrews states that the defendant appeared specially before him to object to the summons,…
1Opinion of the Court
By the Court,
Cole, J.
It appears that a next friend was in fact appointed by the justice before the commencement of the *656suit. It did not, however, appear from tbe summons who tbe next friend was, or that one bad been appointed. Tbe correct practice undoubtedly is, for tbe summons to describe tbe plaintiff as “ an infant wbo sues by A. B., who is appointed by tbe court to prosecute for him as next friend,” &c. Tbe summons might have been amended by the justice so as to make it regular, had a motion been made for tbe purpose. Sec. 4, chap. 120; secs. 37 and 38, chap. 125, R. S. But tbe…
2Cases cited4 opinions
- Roberts v. WarrenWisconsin Supreme Court · 1854
- Brown v. KelloggWisconsin Supreme Court · 1863
- Carney v. DoyleWisconsin Supreme Court · 1861
- Warren v. GordonWisconsin Supreme Court · 1860
3Cited by1 opinion
- Hepp v. HuefnerWisconsin Supreme Court · 1884