Widner v. Wood
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. Judgment was rendered in this action in a justice’s court in favor of the defendant. The plaintiff served a notice of appeal and an affidavit of merits, &c., in a cause entitled Joseph Widner v. William Wood. After these papers were filed in the circuit court, defendant’s attorney served a notice of trial, accepted a notice of retainer, and filed a note of issue in the cause of Joseph Widner v. David Wood.
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APPEAL from the Circuit Court for Dane County. Judgment was rendered in this action in a justice’s court in favor of the defendant. The plaintiff served a notice of appeal and an affidavit of merits, &c., in a cause entitled Joseph Widner v. William Wood. After these papers were filed in the circuit court, defendant’s attorney served a notice of trial, accepted a notice of retainer, and filed a note of issue in the cause of Joseph Widner v. David Wood. When the cause was called for trial, the court being of the opinion that the cause had not been brought up by the appeal papers, plaintiff…
1Opinion of the Court
By the Court,
Cole, J.
The majority of the court think the order in this case must be affirmed. The suit was commenced and tried in a justice’s court, and resulted in a judgment for the defendant. The plaintiff attempted to take an appeal by serving a notice of appeal, together with an affidavit that the appeal was made in good faith and not for the purpose of delay, in a cause entitled Joseph Widner v. William *192Wood. And the question is, can an appeal be sustained where there is a mistake in naming the parties to the suit both in the affidavit and notice of appeal ?
The statute gives a party an…
2Cited by2 opinions
- Chinnock v. StevensWisconsin Supreme Court · 1868
- Haag v. BurnsSouth Dakota Supreme Court · 1908