Friemark v. Rosenkrans
Wisconsin Supreme Court
APPEAL from the Superior Court of Mihoaukee County. This action was brought injustice’s court by the plaintiff, an infant of the age of fourteen-years, by his next friend, against the defendant, for assault and battery, and he recovered $20 damages and $30.76 costs. The defendant appealed to the superior court of Milwaukee county, and in the notice of appeal entitled the case, Joseph Friemark v. Fdioard If.
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APPEAL from the Superior Court of Mihoaukee County. This action was brought injustice’s court by the plaintiff, an infant of the age of fourteen-years, by his next friend, against the defendant, for assault and battery, and he recovered $20 damages and $30.76 costs. The defendant appealed to the superior court of Milwaukee county, and in the notice of appeal entitled the case, Joseph Friemark v. Fdioard If. Rosenkrans, instead of “ Joseph Friemark, an infant, by Michael Friemark, his next and nearest friend,” etc. The notice was signed, “E. M. Rosenkrans” instead of “Edward, M. Rosenkrans/”…
1Opinion of the CourtPiNNBT, J.
Both the counsel for the plaintiff and for the defendant, at different stages of the action, have insisted that the notice of appeal was not sufficient to give the superior court jurisdiction; and whether it is sufficient or not is the principal question on this appeal.
1. The statute (sec. 3754, S. & B. Ann. Stats.) provides: “ The appellant or some person authorized by him must, within twenty days after judgment rendered, make and pre*363sent to the justice before whom the action was tried, or his successor in office, or any other justice then lawfully having custody of the docket containing…
2Cases cited3 opinions
- Brown v. SwinefordWisconsin Supreme Court · 1878
- Rickabus v. GottMichigan Supreme Court · 1883
- Morris v. BrewsterWisconsin Supreme Court · 1884
3Cited by10 opinions
- Wyldes ex rel. McLaughlin v. PattersonNorth Dakota Supreme Court · 1915
- McMillan v. Board of County CommissionersSupreme Court of Minnesota · 1904
- Rudiger v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1898
- Noall v. HalonenWisconsin Supreme Court · 1893
- Campbell v. WellerWyoming Supreme Court · 1917
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