Burns v. Doyle
Wisconsin Supreme Court
APPEAL from tlie Circuit Court for Fond du Lao County. Doyle appealed from a judgment of the said court, reversing, on certiorari, the judgment of a justice of the peace in this action. The case is stated in the opinion. relied on sec. 47, ch. 120, R. S.; and they also contended that the venue in an affidavit is not essential to its validity, if it sufficiently appears, from the face of the affidavit, or from accompanying papers, where it was made.
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APPEAL from tlie Circuit Court for Fond du Lao County. Doyle appealed from a judgment of the said court, reversing, on certiorari, the judgment of a justice of the peace in this action. The case is stated in the opinion. relied on sec. 47, ch. 120, R. S.; and they also contended that the venue in an affidavit is not essential to its validity, if it sufficiently appears, from the face of the affidavit, or from accompanying papers, where it was made. Fisk v. Tank, 12 Wis., 299, and cases there cited. contended that the affidavit for removal was insufficient to give Justice Miller jurisdiction:…
1Opinion of the CourtLvow, J.
The plaintiff commenced an action against the defendant before H. D. Menlc, Esq., a justice of the peace of Eond du Lac county; and on the return day of the summons the parties appeared before the justice, and the defendant made and filed the following affidavit:
“ Thomas Bubns vs. Malachy Doyle.
“ Malachy Doyle, being duly sworn, says that from prejudice he believes the justice before whom this cause is pending will not deal impartially in the matter. Malachy Doyle.
*462“ Subscribed and sworn to before me ibis SOtU day of September, 1869. H. D. Menk, Justice of the Peace.”
Justice Menk thereupon…
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