Dorothy v. Richmond
Wisconsin Supreme Court
Appeal from an order of the circuit court for Polk county : A. J. Yinje, Circuit Judge. Plaintiff sued defendant in justice’s court upon a contract ■demand of $100. Upon appearance of the parties, security •for costs was demanded, and ordered by the justice, and peremptorily refused by the plaintiff, whereupon the action was dismissed.
Read the full summary
Appeal from an order of the circuit court for Polk county : A. J. Yinje, Circuit Judge. Plaintiff sued defendant in justice’s court upon a contract ■demand of $100. Upon appearance of the parties, security •for costs was demanded, and ordered by the justice, and peremptorily refused by the plaintiff, whereupon the action was dismissed. Plaintiff, within the time limited by law, .gave due notice and affidavit for appeal to the circuit court for Polk county, accompanied by an affidavit for trial de novo, in compliance with sec. 3768, Stats. 1898. .At the first term after filing the return on…
1Opinion of the CourtDodge, J.
The case of Steinam v. Schulte, 83 Wis. 567, is conclusive of the question here presented. The plaintiff had appealed from a final judgment, and made affidavit entitling him to a new trial, so that the question of the propriety or impropriety of the justice’s action in ordering security for costs, or in dismissing the action for noncompliance therewith, was not the subject of review. Upon the appeal being perfected in the manner prescribed by the statute, the filing of the record in the circuit court gave pendency to the action in that court, where it was entitled to a trial on the merits.…
2Cases cited1 opinion
- Steinam v. SchulteWisconsin Supreme Court · 1892
3Cited by2 opinions
- Simanek v. NemetzWisconsin Supreme Court · 1903
- Redlin v. WagnerWisconsin Supreme Court · 1915