Legal Opinion

Coffee v. City of Chippewa Falls

Wisconsin Supreme Court

Decided June 15, 1874PublishedCited by 6 opinions

APPEAL from the Circuit Court for Chippewa County. The record returned to this court shows that an action was commenced by the plaintiff against the defendant before a justice of the peace of the town of Eagle Point in Chippewa county, by the isssue and due service of a summons, and that, on the return day of such summons, the defendant appeared by its attorney specially for that purpose, and moved the justice to dismiss the action for the reason that the charter of the…

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APPEAL from the Circuit Court for Chippewa County. The record returned to this court shows that an action was commenced by the plaintiff against the defendant before a justice of the peace of the town of Eagle Point in Chippewa county, by the isssue and due service of a summons, and that, on the return day of such summons, the defendant appeared by its attorney specially for that purpose, and moved the justice to dismiss the action for the reason that the charter of the defendant city excluded from the justice jurisdiction of the action ; which motion was denied. The plaintiff then filed her…

1Opinion of the CourtLyon, J.

On this appeal we are only to consider whether the justice had jurisdiction of the action. Owens v. The State, 27 Wis., 456, and cases cited; State v. Huck, 29 id., 202. If he had jurisdiction thereof, although he may have committed *124errors therein, but errors not affecting his jurisdiction, the circuit court properly affirmed his judgment.

1. It is claimed on behalf of the defendant that the return of the justice to the writ, of certiorari is so defective that the judgment of-affirmance should be reversed, and the cause remanded to the circuit court with directions to that court to compel a…

2Cases cited5 opinions

  1. State v. HuckWisconsin Supreme Court · 1871
  2. Owens v. StateWisconsin Supreme Court · 1871
  3. Blackwood v. JonesWisconsin Supreme Court · 1871
  4. Bacon v. BassettWisconsin Supreme Court · 1865
  5. Cecil v. BarberWisconsin Supreme Court · 1854

3Cited by6 opinions

  1. Pavalon v. Thomas Holmes Corp.Wisconsin Supreme Court · 1964
  2. First Savings & Trust Co. v. Milwaukee CountyWisconsin Supreme Court · 1914
  3. Jones v. HuntWisconsin Supreme Court · 1895
  4. Paulsen v. IngersollWisconsin Supreme Court · 1885
  5. Fuller Co. v. Morrison and Tr.Supreme Court of Vermont · 1933

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