City of Pewaukee v. Carter

¶ 22. (dissenting). Wisconsin Stat.

§ 800.14(4) states:

Upon the request of either party within 20 days after notice of appeal under sub. (1), or on its own motion, the circuit court shall order that a new trial be held in circuit court. The new trial shall be conducted by the court without a jury unless the appellant re*517quests a jury trial in the notice of appeal under sub. (1). The required fee for a jury is prescribed in s. 814.61(4). (Emphasis added.)

¶ 23. It is clear that a "new" trial presupposes that there was a prior trial in the municipal court. Had I been on the panel in Village of…