Perkins v. Jacobs
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Monroe-county: O. B. 'Wvmajst, Circuit J udge. This is an action to recover damages for an alleged malicious prosecution.
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Appeal from a judgment of the circuit court for Monroe-county: O. B. 'Wvmajst, Circuit J udge. This is an action to recover damages for an alleged malicious prosecution. The cause was noticed for trial at the October, 1895, term of the circuit court for Sauk county, at which, on motion of defendant, it was continued to the March term, 189G. At such March term an order was made on motion of defendant’s attorney, based on an affidavit in due form of law, changing the place of trial to Monroe county on the ground of the prejudice of the trial judge. Defendant failed to comply with the statute as…
1Opinion of the CourtMarshall, J.
"When the canse was reached for argument respondent’s counsel moved for an affirmance of the judgment under the rules, and for damages for delay caused by the appeal. Rule XYII provides that when a cause is reached for argument and is submitted or represented by the respondent by counsel, and not so submitted or represented by appellant, the judgment shall be affirmed without argument. That requires the judgment here to be affirmed.
Sec. 2951, R. S. 1878, provides that the supreme court may, in its discretion, adjudge to the respondent in any appeal in any civil action, on affirmance, damages…
2Cases cited3 opinions
- Sweet v. DavisWisconsin Supreme Court · 1895
- Slocum v. CarltonWisconsin Supreme Court · 1849
- Ramsay v. DavisWisconsin Supreme Court · 1865
3Cited by2 opinions
- Soule v. WeatherbyUtah Supreme Court · 1911
- Miller v. KoerthWisconsin Supreme Court · 1930