Ketchum v. Freeman
Wisconsin Supreme Court
APPEAL from the Circuit Court for Trempealeau County. A judgment for $33.60 having been rendered against the plaintiff, in May, 1861, in an action before a justice of the peace, he undertook to appeal, filed his appeal bond, which was approved, and the justice, in July, 1861, returned the testimony, proceedings and judgment to the circuit court, certifying that “plaintiff filed bond and perfected his appeal June 5th, 1861; ” and further, that his fees and the suit tax were…
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APPEAL from the Circuit Court for Trempealeau County. A judgment for $33.60 having been rendered against the plaintiff, in May, 1861, in an action before a justice of the peace, he undertook to appeal, filed his appeal bond, which was approved, and the justice, in July, 1861, returned the testimony, proceedings and judgment to the circuit court, certifying that “plaintiff filed bond and perfected his appeal June 5th, 1861; ” and further, that his fees and the suit tax were paid on the same day. It appears, however, that the notice of appeal and the affidavit required by sec. 205, ch. 120, R.…
1Opinion of the Court
Paiíte, J.
It is evident tkat tke appeal from tke justice was never perfected, so.as to give tke circuit court any jurisdiction of tke case. Tke notice of appeal, wkick *298is absolutely essential, was never served. The circuit court had, therefore, no power to render a judgment for costs, as has been decided by this court. Mitchell v. Kennedy, 1 Wis. 511; Pratt v. Brown, 4 id. 188.
In Paine v. Chase, 14 Wis. 653, this court held that, where a writ of error was sued out of this court, and was dismissed because there was no judgment to which it would lie, judgment for costs on such dismissal might…
2Cases cited3 opinions
- Mitchell v. KennedyWisconsin Supreme Court · 1853
- Sayles v. DavisWisconsin Supreme Court · 1866
- Paine v. ChaseWisconsin Supreme Court · 1861
3Cited by5 opinions
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- Mason v. City of AshlandWisconsin Supreme Court · 1898
- Evangelical Lutheran St. Peter's Gemeinde v. KoehlerWisconsin Supreme Court · 1884
- Finlay v. PrescottWisconsin Supreme Court · 1899
- Miltimore v. HoffmanWisconsin Supreme Court · 1905