Tallmadge v. Potter
Wisconsin Supreme Court
ERROR to the Circuit Court for Fond du Lac County. The plaintiffs in error sued out a common law certiorari from the Pond du Lac circuit court, to bring before that court the transcript of a judgment rendered against them in favor of Potter, before a justice of the peace..
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ERROR to the Circuit Court for Fond du Lac County. The plaintiffs in error sued out a common law certiorari from the Pond du Lac circuit court, to bring before that court the transcript of a judgment rendered against them in favor of Potter, before a justice of the peace.. The application for the writ was based upon an affidavit stating that on the day of the trial of the action between the parties before the justice, at half-past two o’clock in the afternoon, and while the justice was hearing or deliberating upon said cause, an attorney for the defendants appeared before the justice, and…
1Opinion of the Court
By the Court,
Paine, J.
We think the court below properly affirmed the judgment of the justice of the peace. The only ground of objection relied on was that the jtistice refused to receive the defendants’ plea, after the case had been -sub*319mitted on |be part of the plaintiff. -Whether this was erroneous or not, it was not such an error as can be reached by a common law certiorari. The object of that writ is to confine inferior tribunals within their jurisdiction — to pre-yent them from exercising powers not delegated to them, and not to correct every error they may commit in executing the powers…
2Cases cited1 opinion
- Pickert v. DexterNew York Supreme Court · 1834
3Cited by5 opinions
- State ex rel. Reider v. Moniteau County CourtMissouri Court of Appeals · 1891
- Baizer v. LaschWisconsin Supreme Court · 1871
- Owens v. StateWisconsin Supreme Court · 1871
- Varrell v. ChurchWisconsin Supreme Court · 1874
- Guscott v. Roden & Co.Supreme Court of Alabama · 1896