Crandall v. Bacon
Wisconsin Supreme Court
APPEAL from tbe Circuit -Court for Sauk County. This was an appeal by tbe defendants Ira P. and Lyman Bacon, from a judgment of said circuit court, perpetually restraining (for fraud in obtaining it) tbe collection of a judgment rendered by a justice of tbe peace of said county, in favor of Ira P. Bacon against Orandall, which judgment bad been assigned to Lyman Bacon.
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APPEAL from tbe Circuit -Court for Sauk County. This was an appeal by tbe defendants Ira P. and Lyman Bacon, from a judgment of said circuit court, perpetually restraining (for fraud in obtaining it) tbe collection of a judgment rendered by a justice of tbe peace of said county, in favor of Ira P. Bacon against Orandall, which judgment bad been assigned to Lyman Bacon. Ira P. Bacon answered, among other things, that he had no'interest legal or equitable in the judgment at the commencement of the suit, and insisted that the plaintiff’s only remedy was by certiorari. Lyman Bacon answered…
1Opinion of the CourtDowner, J.
The judgment of the justice of the peace enjoined by the circuit court was void. The justice adjourned the cause one week, without specifying the hour of the day, or tho> place to which it was adjourned. He thereby lost jurisdiction of the cause. Roberts v. Warren, 3 Wis., 736; Brown v. Kellogg, 17 Wis., 475.
There was a plain, adequate remedy by common law certi-orari to reverse this void judgment.
By the Court.- — -The judgment of the circuit court is reversed, and the cause remanded with directions to dismiss the complaint.
A motion for a rehearing was denied.
2Cases cited2 opinions
- Roberts v. WarrenWisconsin Supreme Court · 1854
- Brown v. KelloggWisconsin Supreme Court · 1863
3Cited by16 opinions
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- Brown v. GobleIndiana Supreme Court · 1884
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