Perkins v. Jones
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Bodge County. Tbe defendant appealed from a judgment in fayor of tbe plaintiff. Tbe case is stated in tbe opinion. relied on sec. 2, cb. 58, Laws of 1861, and to tbe point tbat tbe “ day” mentioned in tbat section includes 24 hours, beginning and ending with midnight, they cited 2 Black. Comm., 141; 1 Burr.
Read the full summary
APPEAL from tbe Circuit Court for Bodge County. Tbe defendant appealed from a judgment in fayor of tbe plaintiff. Tbe case is stated in tbe opinion. relied on sec. 2, cb. 58, Laws of 1861, and to tbe point tbat tbe “ day” mentioned in tbat section includes 24 hours, beginning and ending with midnight, they cited 2 Black. Comm., 141; 1 Burr. Law Die., 422, “Day,” and 2 id., 281, “Night;” Hiller v. English, 4 Strobb, 493; Fox v. Abel, 2 Conn., 541; Shaw v. Dodge, 5 N. H., 462. Our statute, copied from tbat of New York (2 R. S., 275, sec. 7), is taken with tbe construction which bad there been…
1Opinion of the CourtCole, J.
This cause was tried before a justice and jury. After hearing the testimony the jury retired at 11.30 o’clock, P. M., of the 21st day of February, and returned into court at about half past 12 o’clock on the morning of the 22d with their verdict. The justice received the verdict, and immediately proceeded to enter judgment upon it. The question is, whether the judgment thus rendered is valid. It is claimed that it is not, for the reason that chap. 58, Laws of 1861, prohibited the justice from rendering judgment on the 22d, or transacting any business except to receive the verdict and…
2Cases cited1 opinion
- McNamara v. SpeesWisconsin Supreme Court · 1870
3Cited by5 opinions
- Smith v. BahrWisconsin Supreme Court · 1885
- Hull v. MalloryWisconsin Supreme Court · 1882
- Thompson v. ChurchNebraska Supreme Court · 1882
- Kinney v. EmeryNew Jersey Court of Chancery · 1883
- State v. ThomasOhio Supreme Court · 1900