State ex rel. Haeselich v. Schweitzer

Tbe appellant, Schweitzer, commenced an-action for unlawful detainer against tbe relator, Haeselich,. before a justice of tbe peace, and obtained judgment of restitution of tbe premises, with costs and $10 for rent due. Thereupon Haeselich sued out a writ of certiorari, to which return-was duly made, and after trial thereon tbe circuit court reversed tbe justice’s judgment, and Schweitzer appealed.

Three alleged jurisdictional defects were specified in the-petition, and these will be briefly considered.

1. It appears that tbe summons issued was not in tbe form prescribed by sec. 3362, Stats.…