Evangelical Lutheran St. Peter's Gemeinde v. Koehler
Wisconsin Supreme Court
APPEAL from the Circuit Court for Marathon County. This action was brought before a justice of the peace, and the plaintiff recovered. Indue time a'notice that the defendant appealed from the judgment to the circuit court was filed with the justice, but the same was not signed by any one. At the same time an affidavit of appeal and undertaking in due form, each signed by the defendant, were also filed with the justice.
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APPEAL from the Circuit Court for Marathon County. This action was brought before a justice of the peace, and the plaintiff recovered. Indue time a'notice that the defendant appealed from the judgment to the circuit court was filed with the justice, but the same was not signed by any one. At the same time an affidavit of appeal and undertaking in due form, each signed by the defendant, were also filed with the justice. These were printed and written on the same sheet with the notice. It does not appear who filed the above papers with the justice. The justice made return to the appeal to the…
1Opinion of the CourtLyoN, J.
The statute, under which the appeal to the circuit court was taken, provides that “ the appellant, or some person authorized by him, must, within twenty days after judgment rendered, make and present to the justice before whom the action was tried, ... a notice of appeal, together with an affidavit that the appeal is made in good faith and not for the purpose of delay.” R. S., 929, sec. 3754.
Unless the foregoing requirements are strictly complied with in a given case, there is no appeal, and the circuit court obtains no jurisdiction of the cause. Ketchum v. Freeman, 24 Wis., 296; Lederer v.…
2Cases cited5 opinions
- Eaton v. Supervisors of Manitowoc CountyWisconsin Supreme Court · 1877
- Teegarden v. Town of CaledoniaWisconsin Supreme Court · 1880
- Lederer v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1875
- Ketchum v. FreemanWisconsin Supreme Court · 1869
- Bremer v. KœnigWisconsin Supreme Court · 1856
3Cited by11 opinions
- Kidder v. FayWisconsin Supreme Court · 1884
- Perkins v. Indiana Manufacturing Co.Indiana Court of Appeals · 1915
- Morris v. BrewsterWisconsin Supreme Court · 1884
- Filer & Stowell Co. v. SohnsWisconsin Supreme Court · 1885
- Kelly v. OwenWisconsin Supreme Court · 1885
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