Legal Opinion

Lane v. Burdick

Wisconsin Supreme Court

Decided January 15, 1863PublishedCited by 5 opinions

APPEAL from the Municipal Court of the City and Town of Ripon. Action on a special contract, to recover for work done by the plaintiff for the defendant. The answer, among other things, denies that either the plaintiff or the defendant was, at the commencement of the action, or ever had been, a resident of the municipality of the city and town of Bipon, and denies, on that ground, the jurisdiction of the court.

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APPEAL from the Municipal Court of the City and Town of Ripon. Action on a special contract, to recover for work done by the plaintiff for the defendant. The answer, among other things, denies that either the plaintiff or the defendant was, at the commencement of the action, or ever had been, a resident of the municipality of the city and town of Bipon, and denies, on that ground, the jurisdiction of the court. On the trial, after the plaintiff bad rested, the defendant offered in evidence- a stipulation between the parties to the effect that at the commencement of the action the defendant…

1Opinion of the Court

By' the Court,

Dixon, 0. J.

The first section of the act (chap*94ter 802, Laws of 1861) creating tbe municipal court of the city and town of Bipon, confers upon said court “jurisdiction in all civil actions, both as to matters of law and equity, equal to and commensurate with the circuit court for the county of Fond du Lac, within the city and town of Bipon.” Section five declares : “ The said municipal court shall have full power and authority to issue all legal and civil and criminal process proper and necessary to carry into effect the jurisdiction given it by this act; and, to carry out such…

2Cases cited2 opinions

  1. State ex rel. Stark v. McArthurWisconsin Supreme Court · 1861
  2. Pereles v. AlbertWisconsin Supreme Court · 1860

3Cited by5 opinions

  1. Atkins v. FrakerWisconsin Supreme Court · 1873
  2. Kentzler v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1879
  3. Woodward v. HanchettWisconsin Supreme Court · 1881
  4. Brockway v. CarterWisconsin Supreme Court · 1870
  5. French v. L. Starks Co.Wisconsin Supreme Court · 1924

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