Collins v. Wagoner
Wisconsin Supreme Court
APPEAL from the Circuit Court for Monroe County. This action was commenced in a justice’s court: the complaint, which was not verified, alleging that defendant, on &c, “ did unlawfully make forcible entry into tenements in the quiet and peaceable possession” of the complainant (describing them), and then and there did forcibly and unlawfully eject jilaintiff from said building, and that he still unlawfully and forcibly held the same from the complainant.
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APPEAL from the Circuit Court for Monroe County. This action was commenced in a justice’s court: the complaint, which was not verified, alleging that defendant, on &c, “ did unlawfully make forcible entry into tenements in the quiet and peaceable possession” of the complainant (describing them), and then and there did forcibly and unlawfully eject jilaintiff from said building, and that he still unlawfully and forcibly held the same from the complainant. The cause was called August 5th, 1864, and the following entry made in the docket: “ The defendant moved to dismiss the complaint, on idle…
1Opinion of the CourtDowner, J.
The justice of the peace dismissed the suit because the complaint was not sworn to, and did not show the plaintiff in the possession of the premises therein described; but he rendered no judgment for costs against 'the plaintiff. The plaintiff appealed to the circuit court, and that court dis*50missed the appeal, for the reason, that the judgment of the justice was not a final judgment.
The justice clearly erred in dismissing the action. It is contended that the dismissal is not a final judgment, within the meaning of sec. 204, ch. 120, R. S. The dismissal of the suit was the same in legal effect…
2Cases cited1 opinion
- Lawler v. FitzpatrickWisconsin Supreme Court · 1854
3Cited by4 opinions
- Walker v. HewittOregon Supreme Court · 1923
- Lannon v. HackettWisconsin Supreme Court · 1880
- Lauferty v. PrickettIndiana Supreme Court · 1875
- Steinam v. SchulteWisconsin Supreme Court · 1892