Blackwood v. Jones
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waupaca County. The plaintiff appealed from a judgment dismissing the action for want of jurisdiction. The case is stated in the opinion.
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APPEAL from the Circuit Court for Waupaca County. The plaintiff appealed from a judgment dismissing the action for want of jurisdiction. The case is stated in the opinion. The affidavit for an attachment therein referred to, after stating the amount due plaintiff from defendant, states “that the same is due for running certain logs from the Pigeon river to Wolf river, in the spring of 1869,” etc. argued that defendant’s appearing before the justice, joining issue and going to trial upon the merits, constituted a waiver of all defects in the prior proceedings, and gave the justice jurisdiction…
1Opinion of the CourtLyon, J.
This action was commenced by attachment before a justice of the peace, and the affidavit for the writ failed to state that the indebtedness of the defendant therein mentioned was due upon contract, express or implied. The writ was duly served, and on the return day thereof the defendant appeared, and answered a general denial. He also moved to dismiss the case for a defect in such affidavit, in that, as set forth in the motion, it “ does not designate particularly the logs run, and does not state mark ox quality.” The justice denied the motion, the parties went to trial upon the merits, and…
2Cases cited3 opinions
- Felt v. FeltWisconsin Supreme Court · 1865
- Lowe v. StringhamWisconsin Supreme Court · 1861
- Woodruff v. SandersWisconsin Supreme Court · 1864
3Cited by12 opinions
- Winslow v. UrquhartWisconsin Supreme Court · 1875
- Corbett v. Physicians' Casualty Ass'n of AmericaWisconsin Supreme Court · 1908
- Dailey v. KennedyMichigan Supreme Court · 1887
- Speer v. BurlingameMissouri Court of Appeals · 1895
- Gage v. MaryattMontana Supreme Court · 1890
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