Whitham v. Mappes
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for La Fay-ette county: Geo. ClemeNtsoN, Circuit Judge. This action was commenced before a justice of tbe peace, and judgment rendered therein against the plaintiff July 25, 1890. On August 14, 1890, the plaintiff appealed to the circuit court. On August 27,1890, the return of the justice was filed in the circuit court.
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Appeal from a judgment of the circuit court for La Fay-ette county: Geo. ClemeNtsoN, Circuit Judge. This action was commenced before a justice of tbe peace, and judgment rendered therein against the plaintiff July 25, 1890. On August 14, 1890, the plaintiff appealed to the circuit court. On August 27,1890, the return of the justice was filed in the circuit court. The cause was not noticed for trial, nor put upon the calendar, nor continued for cause, at the December term of said court for 1890. It -was noticed for trial at the -regular June term for 1891, but the presiding judge of said…
1Opinion of the CourtCassoday, J.
Tbe statute provides tbat “ if neither party shall bring tbe appeal to a bearing in tbe appellate court,, before tbe end of tbe second term after filing tbe return of tbe justice therein, sucb court shall dismiss tbe appeal, unless it shall continue the same by special order for cause shown.” N. S. see. 3766. Tbe manifest purpose of this statute is to secure good faith in tbe taking of appeals in sucb petit cases by limiting tbe time for bringing them to a bearing in tbe appellate court, as a strict matter of legal right, to two terms, after tbe filing of tbe return of tbe justice therein;…
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