Smith v. Ormsby
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jaclison County. The case is stated in the opinion. He contended that the affidavit was insufficient because it was not made by the appellant and did not purport on its face to be made by any person authorized by him. The words “ attorney for the above-named defendant and appellant” are mere deseriptio personae, and the sufficiency of the affidavit should be determined as if they were omitted.
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APPEAL from the Circuit Court for Jaclison County. The case is stated in the opinion. He contended that the affidavit was insufficient because it was not made by the appellant and did not purport on its face to be made by any person authorized by him. The words “ attorney for the above-named defendant and appellant” are mere deseriptio personae, and the sufficiency of the affidavit should be determined as if they were omitted. Merritt v. Beaman, 6 H. Y. 168; Sheldon v. Hoy, 11 How. Pr. 11; Ex parte Bhumway, 4 JDenio, 258; Hill v. Hoover, 5 Wis. 354. See, also, Miller v. O., M. & Bt. P. R’y…
1Opinion of the CourtTaylob, J.
This is an appeal from a judgment of the circuit court dismissing an appeal from a judgment of a justice of the peace. The appeal was dismissed, for the reason (as the circuit court held) that the affidavit for an appeal was insufficient. It is insisted by the appellant that the learned circuit judge erred in holding the affidavit insufficient.
The affidavit was on the same piece of paper upon which *14was the notice of appeal, and immediately following the notice. The notice and affidavit read as follows:
“Notice of Appeal.
“ State of Wisconsin, County of Jackson — In Justice Court. Simon…
2Cases cited4 opinions
- Evangelical Lutheran St. Peter's Gemeinde v. KoehlerWisconsin Supreme Court · 1884
- Palmer v. PetersonWisconsin Supreme Court · 1879
- Benjamin v. HoustonWisconsin Supreme Court · 1869
- Cady v. AnsonWisconsin Supreme Court · 1856
3Cited by1 opinion
- Miltimore v. HoffmanWisconsin Supreme Court · 1905