Legal Opinion

Wheeler v. Scott

Wisconsin Supreme Court

Decided June 15, 1854PublishedCited by 9 opinions

This was an action of trover, originally commenced by the defendant in error, before a justice of the peace, against the plaintiff in error, by warrant issued upon the following affidavit: “ Columbia Cownty, Town of Leeds, State of Wisconsin.

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This was an action of trover, originally commenced by the defendant in error, before a justice of the peace, against the plaintiff in error, by warrant issued upon the following affidavit: “ Columbia Cownty, Town of Leeds, State of Wisconsin. “ Otis B. Scott deposeth and says, that Hiram K Wheeler did on the 28th day of February, A. D. 1853, sell the said Scott a yoke of red oxen with white faces, four years old this spring, also a yoke, staple and ring and bows, and a black and white cow three years old this spring, for which the said Scott was to pay Wheeler three hundred bushels of oats,…

1Opinion of the Court

By the Cou/rt,

Smith, J.

We think it is our duty to dismiss this writ of error. We must insist thaf the records of the County and Circuit Courts shall conform in some degree to established precedents. This record, or, to speak more appropriately, this mass of papers affixed the one to the other, with the view that, together, they should pass for a record, is such a departure from the prescribed forms, that to countenance it would be, to give license to irregularities of the wildest kind. The clerks of the County Court are also clerks of the Circuit Court, and their exemplifications should be as…

2Cited by9 opinions

  1. Crocker v. StateWisconsin Supreme Court · 1884
  2. Rix v. Sprague Canning Machinery Co.Wisconsin Supreme Court · 1914
  3. Vilas v. ReynoldsWisconsin Supreme Court · 1858
  4. Peglow v. StateWisconsin Supreme Court · 1860
  5. Skinner v. BeshoarSupreme Court of Colorado · 1874

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