Smalley v. Ericson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Manitowoc County. This action was commenced in justice’s court, where trial was bad, and judgment rendered in favor of the defendant for $12 damages, and the costs of suit. The plaintiff appealed to the circuit court; where, upon trial on the return of the justice, the judgment below was reversed, and, in addition, plaintiff was adjudged to recover of the defendant $12.64 damages, and $37.36 costs. From this judgment defendant appealed.
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APPEAL from the Circuit Court for Manitowoc County. This action was commenced in justice’s court, where trial was bad, and judgment rendered in favor of the defendant for $12 damages, and the costs of suit. The plaintiff appealed to the circuit court; where, upon trial on the return of the justice, the judgment below was reversed, and, in addition, plaintiff was adjudged to recover of the defendant $12.64 damages, and $37.36 costs. From this judgment defendant appealed. The judgment of the justice being for an amount less than $15, the circuit court, upon appeal, can only affirm or reverse…
1Opinion of the CourtRyan, C. J.
The appeal to the circuit court from the justice was governed by sec. 218, ch. 120, R. S.
The rule is well settled, that on such appeals the circuit court can only affirm or reverse the judgment, and cannot render any other judgment, except for costs of the appeal. Dykens v. Munson, 2 Wis., 245; Carney v. Doyle, 14 id., 270; Stoppenbach v. Zohrlaut, 21 id., 385; Detling v. Weber, 29 id., 559.
The judgment of the circuit court in this case, de novo, on the merits, is therefore erroneous.
It is claimed by the respondent, however, that the error of the judgment is cured by a remittitur of the…
2Cases cited1 opinion
- Dykens v. MunsonWisconsin Supreme Court · 1853