Burnham v. Turner
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Jefferson Countj. Burnham sued Eorbes and Turner before a justice of tbe peace on an account. Tbe summons was served on Eorbes personally, and on Turner by copy.
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APPEAL from tbe Circuit Court for Jefferson Countj. Burnham sued Eorbes and Turner before a justice of tbe peace on an account. Tbe summons was served on Eorbes personally, and on Turner by copy. Neither of tbe defendants appeared, and judgment was rendered against them both on tbe 5th of September, 1860, for $75. On tbe 18th of tbe same month, Turner appealed to tbe circuit court; and tbe plaintiff, after giving due notice of tbe motion, moved that court to dismiss tbe appeal, on tbe ground “ that there was no appearance in tbe justice’s court in which tbe judgment was rendered, or issue…
1Opinion of the Court
-% the Court,
DlXON, C. J".
Tbe statute (R. S., chap. 120, sec. 204) declares that “ any party to a final judgment ren dered by a justice of tbe peace, may appeal therefrom to tbe circuit court, in tbe cases and manner hereinafter provided.” There is nothing in tbe subsequent provisions limiting tbe right of appeal to such parties as shall have appeared before tbe justice, or excluding those who shall not have appeared. Tbe language of tbe statute is not only consistent with an intention on tbe part of tbe legislature to give every party to a final judgment a right to appeal, whether tbe…
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