Crate v. Pettepher
Wisconsin Supreme Court
Appeal from, a judgment of the circuit court for Eau •Claire county: James O’Neill, Circuit Judge. The action was originally brought in justice’s court in Chippewa county to recover $64.25, by James Grate and an associate, as the firm of Taylor & Crate. Before final judgment in the circuit court hereafter mentioned, Mr. Taylor died and the cause was duly continued in the name of Mr. Orate as surviving partner. The place of residence of •defendant was in Eau Claire county.
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Appeal from, a judgment of the circuit court for Eau •Claire county: James O’Neill, Circuit Judge. The action was originally brought in justice’s court in Chippewa county to recover $64.25, by James Grate and an associate, as the firm of Taylor & Crate. Before final judgment in the circuit court hereafter mentioned, Mr. Taylor died and the cause was duly continued in the name of Mr. Orate as surviving partner. The place of residence of •defendant was in Eau Claire county. He appeared in .justice’s court and answered. Judgment- was rendered against him for the amount claimed with costs. Such…
1Opinion of the CourtMarshall, J.
This appeal presents for consideration the following propositions: (1) Assuming that the supplementary return could have been properly considered under any circumstances, was it error to receive it under the peculiar circumstances of this case? (2) Was it proper for the justice to make return of jurisdictional matters other than as the same appeared upon the files and records of his office ? (3) Was the failure of the justice to enter in his docket the nature of plaintiff’s cause of action fatal to his jurisdiction over the subject matter thereof ?
1. The return of a justice of the peace upon…
2Cases cited16 opinions
- Norden v. JonesWisconsin Supreme Court · 1873
- Baizer v. LaschWisconsin Supreme Court · 1871
- Martin v. BeckwithWisconsin Supreme Court · 1856
- Smith v. BahrWisconsin Supreme Court · 1885
- State ex rel. Dearborn v. MerrickWisconsin Supreme Court · 1898
11 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Town of Washburn v. Washburn Waterworks Co.Wisconsin Supreme Court · 1904
- McGeehan v. BedfordWisconsin Supreme Court · 1906
- Willer v. LeeWisconsin Supreme Court · 1938
- Richter v. LukaszewiczWisconsin Supreme Court · 1919