Love v. Rockwell
Wisconsin Supreme Court
ERROR TO ROCK COUNTY COURT. This was an action of debt before Win. M. Grozier, Esq., justice in Rock County, commenced by Barker & Love against Abbott & Rockwell.
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ERROR TO ROCK COUNTY COURT. This was an action of debt before Win. M. Grozier, Esq., justice in Rock County, commenced by Barker & Love against Abbott & Rockwell. The declaration set forth that on the 20th day of Malfch, 1852, a suit was pending before one Goddard, a justice of said county, in favor of Barker & Love against said Abbott, that the justice had jurisdiction of the said Abbott and of the subject matter, and that the justice then and there rendered a judgment in said suit in favor of plaintiffs, against said Abbott, of $33.69 damages and- $1.53 costs, as appears of record on the…
1Opinion of the Court
By the Court,
Wimw, C. J.
We do not think that the defendant is entitled to set up the matters stated in his plea, as a defence to this action. 'The recognizance on which the suit was brought, was entered into *387by the defendant, and the defence sought to be interposed to the action is, that the recognizance is void, because the justice before whom it was taken, had no . 0 . 7-i . . authority to take it, as no appeal lay from his decision. The plea admits that the recognizance was entered into for the purpose of perfecting an appeal of the case to the County Court; but the defendant insists that…
2Cited by11 opinions
- B. & O. R. R. v. VanderwarkerWest Virginia Supreme Court · 1882
- Billingsley v. HarrisWisconsin Supreme Court · 1891
- Gudtner v. KilpatrickNebraska Supreme Court · 1883
- Smith v. Crocker First National BankCalifornia Court of Appeal · 1957
- Verbeck v. VerbeckWisconsin Supreme Court · 1858
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