Cron v. Krones
Wisconsin Supreme Court
APPEAL from the Circuit Court for Washington County. The defendant in this action obtained a judgment against the plaintiff herein before a j ustice of the peace in said county. The circuit court reversed the decision, for reasons which will sufficiently appear from the opinion of this court, and the defendant appealed.
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APPEAL from the Circuit Court for Washington County. The defendant in this action obtained a judgment against the plaintiff herein before a j ustice of the peace in said county. The circuit court reversed the decision, for reasons which will sufficiently appear from the opinion of this court, and the defendant appealed. The following is the record of the second adjournment of the cause by the justice: “September 6th, 1861, 9 o’clock, A. M. Suit called; parties appeared and answered to their names. On motion of the defendant for a second adjournment, this cause is hereby adjourned until the…
1Opinion of the Court
By the Court,
Paine, J.
The circuit court, upon a common law certiorari, reversed the judgment of a justice of the peace, for the reason, as it would appear from the arguments here, that the defendant was sheriff of the county, and the summons was served on him by a constable. It seems to have been supposed that section 120, chap. 13, R. S., which provides that when the sheriff is a party the coroner shall serve the process, &c., made the service in this case illegal, But it is very evident that this provision of the statute relates only to proceedings in courts of record. And where the sheriff…
2Cited by3 opinions
- Fulton v. State ex rel. MeinersWisconsin Supreme Court · 1899
- Griswold v. NicholsWisconsin Supreme Court · 1901
- McGeehan v. BedfordWisconsin Supreme Court · 1906