Legal Opinion

Comdohr v. Coleman

Wisconsin Supreme Court

Decided November 3, 1885PublishedCited by 2 opinions

APPEAL from the County Court of Milwaukee County. The case is thus stated by Mr. Justice Cass©dat: “June 28, 1884, the plaintiff obtained a judgment against the defendant before a justice of the peace. July 1, 1884, the defendant appealed therefrom to the county court.

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APPEAL from the County Court of Milwaukee County. The case is thus stated by Mr. Justice Cass©dat: “June 28, 1884, the plaintiff obtained a judgment against the defendant before a justice of the peace. July 1, 1884, the defendant appealed therefrom to the county court. August 22, 1884, the appeal was noticed for trial at the September term of that court, and placed upon the calendar for trial at that term, but was continued at the request of the plaintiff and by the consent of the defendant. Thereafter, and about the time for noticing the cause for trial at the December term of said court,…

1Opinion of the CourtCassoday, J.

Neither party brought the appeal to a hearing in the appellate court before the end of the second tei-m after the filing of the return of the justice therein, as required by the statute. Secs. 2847, 3766, R. S. Merely noticing the cause for trial at the first term after the filing of the return was not the bringing of the appeal to a hearing within the meaning of that section. Holt v. Coleman, 61 Wis. 422. Nor was the continuing of the cause at that term by consent of tho parties the bringing of the appeal to a hearing within the meaning of that section. Ibid.; Platto v. W. U. Tel. Co. ante,…

2Cases cited3 opinions

  1. Pinger v. VanclickWisconsin Supreme Court · 1874
  2. Holt v. ColemanWisconsin Supreme Court · 1884
  3. Howe v. ElliottWisconsin Supreme Court · 1869

3Cited by2 opinions

  1. Sutton v. WegnerWisconsin Supreme Court · 1888
  2. Bates v. SteeleWisconsin Supreme Court · 1886

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