Bacon v. Bassett
Wisconsin Supreme Court
CEBTIÓBABI to a Justice of the Peace in Saule County. The petition of the plaintiff in error alleges the following errors: That the docket of the justice did not contain any statement of the return of the summons by the officer who served it; nor did it show in what manner the summons was served, if at all; nor that the justice held his court at the time or place appointed in the summons; nor at what hour the suit was called or the judgment rendered; and that the justice had…
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CEBTIÓBABI to a Justice of the Peace in Saule County. The petition of the plaintiff in error alleges the following errors: That the docket of the justice did not contain any statement of the return of the summons by the officer who served it; nor did it show in what manner the summons was served, if at all; nor that the justice held his court at the time or place appointed in the summons; nor at what hour the suit was called or the judgment rendered; and that the justice had included in the judgment $1.47 costs, without specifying what part of said costs was due to each of the persons…
1Opinion of the Court
By the Court,
DixoN C. J.
The practice in courts of record of permitting sheriffs, either before or after judgment, to amend their returns of the service of process, is familiar. Undersea 4, ch. 120, R. S., justices of the peace possess in general the same powers to allow amendments in proceedings before them as are possessed by courts of record. Hence the justice in this case was correct in permitting the sheriff to amend his return according to the facts, and so as to show that the summons was properly served according to the requirements of the statute.
Neither was the omission of the justice…
2Cases cited6 opinions
- Rape v. HeatonWisconsin Supreme Court · 1859
- Brown v. KelloggWisconsin Supreme Court · 1863
- Brace v. BensonNew York Supreme Court · 1833
- Hill v. HooverWisconsin Supreme Court · 1859
- Near v. Van AlstyneNew York Supreme Court · 1835
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Schmidt v. StolowskiWisconsin Supreme Court · 1905
- Coffee v. City of Chippewa FallsWisconsin Supreme Court · 1874
- Driscoll v. SmithWisconsin Supreme Court · 1883
- Fulton v. State ex rel. MeinersWisconsin Supreme Court · 1899
- Paulsen v. IngersollWisconsin Supreme Court · 1885
4 more not listed; retrieve them via the Exa API.