Wattawa v. Jahnke
Wisconsin Supreme Court
Appeal from an order of tlie circuit court for Kewaunee •county: Michael Kiewah, Circuit Judge. This is an appeal from an order entered in the circuit court ■October 28, 1901, dismissing an appeal from a judgment rendered by a justice of the peace on the ground that the appeal papers were insufficient to give the circuit court jurisdiction. The notice of appeal to the circuit court is as follows : ■ “State of Wisconsin, Kewaunee County: “In Justice Court.
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Appeal from an order of tlie circuit court for Kewaunee •county: Michael Kiewah, Circuit Judge. This is an appeal from an order entered in the circuit court ■October 28, 1901, dismissing an appeal from a judgment rendered by a justice of the peace on the ground that the appeal papers were insufficient to give the circuit court jurisdiction. The notice of appeal to the circuit court is as follows : ■ “State of Wisconsin, Kewaunee County: “In Justice Court. “John Wattawa, Plaintiff, vs. “Fred Jahnlce, Defendant. “Take notice that the defendant above named appeals from the judgment rendered in…
1Opinion of the CourtCassoday, C. J.
Counsel for the plaintiff is undoubtedly correct in claiming that the right of appeal from a justice of' the peace is purely statutory, and.that the statutes must be-substantially complied with, in order to give the circuit court jurisdiction. But we are clearly of the opinion that the appeal papers in question substantially comply with the statute-(sec. 3754, Stats. 1898). The notice gives the name of the court, the names of the respective parties, the date and amount: *494•of the judgment, and the party taking the appeal. True, tlie affidavit of good faith, on behalf of the defendant is not…
2Cases cited7 opinions
- Neppach v. JordanOregon Supreme Court · 1886
- Evangelical Lutheran St. Peter's Gemeinde v. KoehlerWisconsin Supreme Court · 1884
- Noall v. HalonenWisconsin Supreme Court · 1893
- Lancaster v. McDonaldOregon Supreme Court · 1886
- Hender v. RingWisconsin Supreme Court · 1895
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3Cited by2 opinions
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