Conkey v. Northern Bank
Wisconsin Supreme Court
ERROR TO THE OUTAGAMIE CIRCUIT COURT. The defendant in error brought an action against the plaintiff in error in the court below, which was noticed for trial as follows: “ Outagamie County Cieouit Couet : £ ‘ N orthern Bank 1 vs. V “ Theodore Conkey. ) “You will please take notice that the “ above entitled cause will be brought to trial at the next term “ of the said court, to be held at the court house, in the city “ of Green Bay, in said county, on the third Monday in…
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ERROR TO THE OUTAGAMIE CIRCUIT COURT. The defendant in error brought an action against the plaintiff in error in the court below, which was noticed for trial as follows: “ Outagamie County Cieouit Couet : £ ‘ N orthern Bank 1 vs. V “ Theodore Conkey. ) “You will please take notice that the “ above entitled cause will be brought to trial at the next term “ of the said court, to be held at the court house, in the city “ of Green Bay, in said county, on the third Monday in October, A. D. Í856.” Upon the cause being called for trial at a regular term of said court sitting at Grand Chute, the…
1Opinion of the Court
By the Court,
Smith, J.
The mistake in the notice of trial in this case could hardly have occasioned surprise. But if it did so, as the attorney of the defendant below was in attendance when the cause was called, he could have made his affidavit of surprise, which would have doubtless been considered by the court. As he did not do so, it is reasonable to sup*449pose he could not conscientiously;_ especially as the notice/was entitled of the “ Outagamie circuit court,” and of the proper term. The county seat of that county is fixed by law, and every one is supposed to know it; as also that the terms…
2Cases cited2 opinions
- Sinard v. PattersonIndiana Supreme Court · 1834
- Pringle v. HuseNew York Supreme Court · 1823
3Cited by3 opinions
- Leffingwell v. WarrenSupreme Court of the United States · 1862
- Ullman v. StateWisconsin Supreme Court · 1905
- State v. MorseSouth Dakota Supreme Court · 1914