Chinnock v. Stevens
Wisconsin Supreme Court
APPEAL from the Circuit Court for St. Grom County. This action was commenced originally before a justice of the peace. The plaintiff having recovered judgment, the defendant served on the justice a notice of appeal. With the notice, and written thereunder on the same half-sheet, was an affidavit by defendant, which states “ that he is the defendant in this action, and that the same is brought in good faith, and not for the purpose of delay.”
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APPEAL from the Circuit Court for St. Grom County. This action was commenced originally before a justice of the peace. The plaintiff having recovered judgment, the defendant served on the justice a notice of appeal. With the notice, and written thereunder on the same half-sheet, was an affidavit by defendant, which states “ that he is the defendant in this action, and that the same is brought in good faith, and not for the purpose of delay.” The justice made return of the case to the circuit court, and the plaintiff’s attorney noticed it for trial, and caused it to be placed on the calendar.…
1Opinion of the CourtDixoN, C. J.
The early decisions of this court cited in the brief, and the nicety required in order to give jurisdiction in cases of appeal from justices of the peace, are familiar to those gentlemen of the bar who have had occasion to investigate the subject. The same rigid doctrine was reiterated and applied by the majority of the court in the recent case of Widner v. Wood, 19 Wis. 190, so that it is undoubtedly as true now as it ever was, that the requirements of the statute must be pursued with the uttermost exactness, or the appeal will be a failure. I could not concur in the last decision. I doubted…
2Cases cited1 opinion
- Widner v. WoodWisconsin Supreme Court · 1865
3Cited by7 opinions
- Baker v. StateWisconsin Supreme Court · 1883
- Appeal of RoystonWisconsin Supreme Court · 1881
- Bullard v. KuhlWisconsin Supreme Court · 1882
- Price v. HortonSupreme Court of Florida · 1918
- Wearne v. SmithWisconsin Supreme Court · 1873
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