Buckstaff v. Hanville
Wisconsin Supreme Court
APPEAL from the County Court of Winnebago County. The plaintiff obtained a judgment against the defendant, in an action before a justice of the peace, on the 9th of July, 1860, and the defendant appealed from the judgment to the county court on Monday, tbe 30fch of tbe same month.
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APPEAL from the County Court of Winnebago County. The plaintiff obtained a judgment against the defendant, in an action before a justice of the peace, on the 9th of July, 1860, and the defendant appealed from the judgment to the county court on Monday, tbe 30fch of tbe same month. Tbe plaintiff moved tbe court to dismiss tbe appeal for want of jurisdiction, because tbe same was not taken within tbe twenty days allowed by law; and tbe court made an order dismissing tbe appeal, from which tbe defendant appealed to this court. cited R. S., chap. 140, sec. 34; chap. 120, sec. 4; Fasion vs.…
1Opinion of the Court
By the Court,
DIXON, C. J.
The question is, where the last day of tbe twenty given by statute (sec. 205, chap. 120, R. S.) for taking an appeal from tbe judgment of a justice of tbe peace, falls on Sunday, whether a party desiring to appeal may do so on the following Monday ? Tbe statute authorizing tbe appeal confers no such right. It is claimed by virtue of section 34, chapter 140. That chapter is entitled “ Of Miscellaneous Proceedings in Civil Actions, and General Provisions.” Tbe section provides that “ tbe time within which an act is to be done as herein provided, shall be computed by…
2Cited by10 opinions
- Williams v. LaneWisconsin Supreme Court · 1894
- Ward v. WaltersWisconsin Supreme Court · 1885
- Smith v. SmithWisconsin Supreme Court · 1865
- State ex rel. Bergenthal v. BergenthalWisconsin Supreme Court · 1888
- Grant v. PaddockOregon Supreme Court · 1897
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