Pratt v. Brown
Wisconsin Supreme Court
ERROR TO COLUMBIA COUNTY COURT. This suit was commenced by the defendant in error against the plaintiff in error before a justice of the peace of Sauk county, when the plaintiff obtained judgment for $100. The defendants attempted to appeal, and made their affidavit stating that their application for appeal was made in good faith, and not for delay, &c. The venue was changed to Columbia county when the cause was tried, and a verdict returned for the plaintiff.
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ERROR TO COLUMBIA COUNTY COURT. This suit was commenced by the defendant in error against the plaintiff in error before a justice of the peace of Sauk county, when the plaintiff obtained judgment for $100. The defendants attempted to appeal, and made their affidavit stating that their application for appeal was made in good faith, and not for delay, &c. The venue was changed to Columbia county when the cause was tried, and a verdict returned for the plaintiff. A new trial was ordered at the next term, when the plaintiff below moved to dismiss the appeal for insufficiency in the affidavit, in…
1Opinion of the Court
By the Court,
WhitON, C. J.
The Supreme Court having de-*189tided that the County Court did not obtain jurisdiction of tbis case, it follows that the court below committed no error in dismissing it. The only question is in regard to costs. We hold, upon a consideration of our statute, that where the statute did not give an^appeal, and the County Court dismissed the case for want of jurisdiction arising from that cause, no judgment for costs could be given. Mitchell vs. Kennedy, 1 Wis. R. 511.
But it is contended, that as the failure of the County Court to obtain jurisdiction of this case, arose from…
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