Knappe v. Seyler
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ashland County. Action upon an express oral contract for wages. In justice’s court there was á judgment in favor of the defendant, and the plaintiff attempted to appeal to the circuit court. In that court the plaintiff had a judgment, from which the defendant appeals. Other facts are stated in the opinion.
1Opinion of the CourtOrton, C. J.
The judgment before the justice was in favor of the defendant for costs. The plaintiff attempted to appeal to the circuit court, and presented to the justice’ a notice of appeal, but he did not make and present the affidavit that the appeal was made in good faith, as required by sec. 3754, R. S. The defendant moved in the circuit court to dismiss the appeal, and the motion was denied.
The motion should have been granted. There was clearly no appeal taken, and the circuit court had no jurisdiction in the case. Evangelical L. St. P. Gemeinde v. Koehler, 59 Wis. 650; Kelly v. Owen, 63 Wis. 351;…
2Cases cited4 opinions
- Evangelical Lutheran St. Peter's Gemeinde v. KoehlerWisconsin Supreme Court · 1884
- Palmer v. PetersonWisconsin Supreme Court · 1879
- Morris v. BrewsterWisconsin Supreme Court · 1884
- Kelly v. OwenWisconsin Supreme Court · 1885
3Cited by1 opinion
- Mueller v. RiceWisconsin Supreme Court · 1912