Mitchell v. Kennedy
Wisconsin Supreme Court
ERROR to Milwaukee county court. The defendant in error commenced a suit against Alexander Mitchell, the plaintiff in error, before a justice of the peace, by summons, returnable the 6th day of July, A. D. 1852. On the return day the plaintiff below appeared. The defendant did not appear, but made default.
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ERROR to Milwaukee county court. The defendant in error commenced a suit against Alexander Mitchell, the plaintiff in error, before a justice of the peace, by summons, returnable the 6th day of July, A. D. 1852. On the return day the plaintiff below appeared. The defendant did not appear, but made default. The plaintiff filed his bill of particulars, declared for work and labor, for damages $100. Witnesses were sworn and examined, and judgment rendered in favor of the plaintiff below, for $19.40 damages and $3.89 costs. The same day Mitchell took an appeal, and filed his bond in the usual…
1Opinion of the Court
Py the Court,
Whitoít, C. J.
We think this case was properly dismissed, by the court below for want of jurisdiction. The statute regulating ■ appeals from justices of the peace, (Pen. Stat. Chap. 88, § 226-227,) makes no provision for an appeal in cases of this kind, and as an appeal is strictly a statutory right, we do not see how the right can exist, except as the statute provides.
We are, however, of opinion, that the judgment of the County Court, so far as it gave costs to the defendant in error, is^erroneous. It is contended that the statute authorizes the court to give costs in all cases…
2Cited by16 opinions
- State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
- Felt v. FeltWisconsin Supreme Court · 1865
- Stahl v. Board of SupervisorsSupreme Court of Iowa · 1920
- State v. ChaconNew Mexico Supreme Court · 1914
- Paine v. ChaseWisconsin Supreme Court · 1861
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