Elderkin v. Wiswell
Wisconsin Supreme Court
APPEAL from the Circuit Court for Walworth County. The action was commenced in justice’s court. The garnishee appeared specially and moved that the garnishee suit against him be dismissed for the reason that the papers were never properly served upon him and the service does not pretend to be completed until less than six days before the return day. The motion was granted, and from the judgment of dismissal the plaintiff appealed to the circuit court.
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APPEAL from the Circuit Court for Walworth County. The action was commenced in justice’s court. The garnishee appeared specially and moved that the garnishee suit against him be dismissed for the reason that the papers were never properly served upon him and the service does not pretend to be completed until less than six days before the return day. The motion was granted, and from the judgment of dismissal the plaintiff appealed to the circuit court. That court dismissed the appeal, and from the judgment entered accordingly the plaintiff appealed to this court. Other facts are stated in the…
1Opinion of the CourtOetoN, J.
This was an appeal to the circuit court from the judgment of the justice dismissing the action and for costs against the plaintiff of $2.44. The circuit court dismissed the appeal, and rendered judgment for costs against the plaintiff. From that judgment an appeal is taken to this court. The justice returned the fact that the defendant was his son-in-law when he rendered the judgment. This fact appearing, it was the duty of the justice to have transmitted “the action, and all the papers appertaining to the same, to some other justice of the same county,” according to sec. 3617, E. S. He had…
2Cases cited3 opinions
- Webster v. School District No. 4Wisconsin Supreme Court · 1862
- Haner v. Town of PolkWisconsin Supreme Court · 1858
- Hibbard v. OdellWisconsin Supreme Court · 1863
3Cited by1 opinion
- Hart v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1904