Luckow v. Boettger
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Mani-towoc county: Michael KiewaN, Circuit Judge. Tbe action was tried in tbe municipal court of Manitowoc county. Tbe practice as to appeals from sucb court to tbe circuit court is tbe same as in case of appeals from justices’ courts. Tbe judgment in tbe municipal court was in defendants’ favor. Tbey duly appealed to tbe circuit court without making tbe affidavit required by sec. 3768, Stats.
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Appeal from a judgment of tbe circuit court for Mani-towoc county: Michael KiewaN, Circuit Judge. Tbe action was tried in tbe municipal court of Manitowoc county. Tbe practice as to appeals from sucb court to tbe circuit court is tbe same as in case of appeals from justices’ courts. Tbe judgment in tbe municipal court was in defendants’ favor. Tbey duly appealed to tbe circuit court without making tbe affidavit required by sec. 3768, Stats. (1898), requisite to obtain a trial de novo. Tbe circuit court, nevertheless, considered evidence returned, which tbe municipal judge rejected as improper…
1Opinion of the CourtMaeshall, J.
The appeal from the municipal court in question should have been disposed of in the circuit court as provided in sec. 3769, Stats. (1898), that is to say, there being no affidavit entitling appellant to a trial de novo, judgment should have been given “according to the weight of the evidence and justice of the case without regard to technical errors” not affecting “the merits and without regard to the findings of the” municipal judge.
*65Formerly the practice was merely to affirm or reverse the judgment of the trial court. That was changed by the revision of 1878 so as to permit of a reversal or…
2Cases cited11 opinions
- Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
- Opitz v. KarelWisconsin Supreme Court · 1903
- Brown v. GriswoldWisconsin Supreme Court · 1901
- Kinn v. First National Bank of Mineral PointWisconsin Supreme Court · 1903
- Collins v. StateWisconsin Supreme Court · 1902
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3Cited by2 opinions
- Truelsch v. MillerWisconsin Supreme Court · 1925
- James v. WoerpelWisconsin Supreme Court · 1920