Kelly v. Owen
Wisconsin Supreme Court
APPEAL from the Circuit Court for Iowa County. The action is replevin, and was originally brought before a justice of the peace, who gave judgment for the plaintiff. The defendant attempted to appeal to the circuit court. The notice of appeal is not signed by any person, and the return of the justice fails to show who presented the same to him. The circuit court denied a motion of plaintiff to dismiss the appeal because of the above defect in the notice.
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APPEAL from the Circuit Court for Iowa County. The action is replevin, and was originally brought before a justice of the peace, who gave judgment for the plaintiff. The defendant attempted to appeal to the circuit court. The notice of appeal is not signed by any person, and the return of the justice fails to show who presented the same to him. The circuit court denied a motion of plaintiff to dismiss the appeal because of the above defect in the notice. The cause was then tried in that court, and the trial resulted in a verdict and judgment for the defendant. Such judgment was entered…
1Opinion of the CourtLvon, J.
1. A motion to dismiss the appeal was made ore terms on the argument of the cause by counsel for defendant. The ground of the motion is that the appeal was not taken within two years from the date of entry of the judgment appealed from, as required by the statute. B. S. sec. 3039. Such judgment was entered October 6, 1882, and the appeal was not perfected until November 20,1884. No amount of costs has ever been inserted therein. But for ch. 202, Laws of 1882, the judgment would not be perfected, and therefore not appealable, until the costs are inserted. Smith v. Hart, 44 Wis. 230, and cases…
2Cases cited3 opinions
- Ballou v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1881
- Evangelical Lutheran St. Peter's Gemeinde v. KoehlerWisconsin Supreme Court · 1884
- Smith v. HartWisconsin Supreme Court · 1878
3Cited by3 opinions
- Voegeli v. VoegeliWisconsin Supreme Court · 1931
- Knappe v. SeylerWisconsin Supreme Court · 1894
- Richter v. LukaszewiczWisconsin Supreme Court · 1919