Steinam v. Schulte
Wisconsin Supreme Court
APPEAL from the Superior Court of Milwaukee County. This action was commenced before a justice of the peace, February 7, 1890. The complaint alleges,, in effect, that at the annual town meeting of the town of Wauwatosa, in April, 1889, the plaintiff was duly elected overseer of the road district therein described as No. 28, and duly qualified and entered upon the discharge of his duties as such overseer; that November 23, 1889, the defendant did unlawfully and wilfully…
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APPEAL from the Superior Court of Milwaukee County. This action was commenced before a justice of the peace, February 7, 1890. The complaint alleges,, in effect, that at the annual town meeting of the town of Wauwatosa, in April, 1889, the plaintiff was duly elected overseer of the road district therein described as No. 28, and duly qualified and entered upon the discharge of his duties as such overseer; that November 23, 1889, the defendant did unlawfully and wilfully injure the highway in said road district, by then and there destroying and taking up a certain culvert therein, and by then…
1Opinion of the CourtCassoday, J.
Undoubtedly a justice of the peace may, in the exercise of a sound discretion, dismiss an action whenever the plaintiff is ordered to give security for costs and unreasonably refuses or neglects to do so. Sec. 3782, R. S.; Campbell v. C. & N. W. R. Co. 23 Wis. 490. That case was heard “ on the original papers and the return of the justice, containing all the material evidence and his rulings in the action,” as prescribed by sec. 3767, R. S., and no affidavit was filed or made as required by subd. 2, sec. 3768, R. S.; and hence the county court could only affirm or reverse the judgment.…
2Cases cited5 opinions
- Hewett v. CurrierWisconsin Supreme Court · 1885
- Collins v. WagonerWisconsin Supreme Court · 1865
- Campbell v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1868
- Stoppenbach v. ZohrlautWisconsin Supreme Court · 1867
- Berray v. WoodruffWisconsin Supreme Court · 1858
3Cited by3 opinions
- Van Vlissingen v. OliverSupreme Court of Minnesota · 1907
- Dorothy v. RichmondWisconsin Supreme Court · 1900
- Redlin v. WagnerWisconsin Supreme Court · 1915