Benjamin v. Houston
Wisconsin Supreme Court
APPEAL from the Circuit Court for Pierce County. This action was commenced in a police court against Matthew Houston and John A. Houston, and the complaint was then dismissed as to the latter, and judgment rendered against the former, November 9,1867, for forty-five dollars damages.
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APPEAL from the Circuit Court for Pierce County. This action was commenced in a police court against Matthew Houston and John A. Houston, and the complaint was then dismissed as to the latter, and judgment rendered against the former, November 9,1867, for forty-five dollars damages. A notice of appeal was filed, which, as returned to the circuit court, was signed, “ Matthew Houston, by P. Y. Wise, his agent and attorney; ” and with this was filed an affi davit by John A. Houston, which states that affiant makes the same in behalf of Matthew Houston, and that the appeal is made in good faith,…
1Opinion of the Court
Paiíte, J.
The certificate of the justice that the notice of appeal was not signed when served on him, was no part of his official return, and consequently was no evidence. A justice, by certifying as to matters which he is not required or authorized to certify to, cannot make his certificate evidence. 1 Greenl. on Ev. § 498.
If no notice of appeal was served on the justice, he should not have sent up the papers to the circuit court. Having sent them up, if the notice was sufficient on its face, then, if it was claimed by the other party that no notice was in fact served, if he desired to move…
2Cited by4 opinions
- Patrick v. Town of BaldwinWisconsin Supreme Court · 1901
- Palmer v. PetersonWisconsin Supreme Court · 1879
- Miltimore v. HoffmanWisconsin Supreme Court · 1905
- Smith v. OrmsbyWisconsin Supreme Court · 1884