McNamara v. Spees
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grant County. Spees and Morrison brought an action before a justice of the peace to recover damages for a trespass by cattle of McNamara.
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APPEAL from the Circuit Court for Grant County. Spees and Morrison brought an action before a justice of the peace to recover damages for a trespass by cattle of McNamara. At ten o’clock p. m. of the 20th of August, the jury returned a verdict in favor of the plaintiffs, assessing their damages at $10. On motion of the plaintiffs, the justice then ordered that the cause be kept open for rendition of judgment and taxation of costs until Monday the 23d of the same month, at one o’ clock p. m. ; and at that time judgment was rendered upon the verdict. On an affidavit of McNamara, which alleged…
1Opinion of the CourtPaine, J.
The judgment of the circuit court dismissing the writ of certiorari was improper. There is no pretense that it was not regularly and properly issued and returned. And this being so, if, upon the hearing, it appeared that the action of the justice of the peace was legal, his judgment should have been affirmed, instead of dismissing the writ. Strictly speaking, the appeal from that judgment brings up only the question whether there was an irregularity in practice in the proceedings on the writ in the circuit court, justifying such dismissal/
But as that form of judgment appears to have been…
2Cited by13 opinions
- State ex rel. Dalrymple v. Milwaukee CountyWisconsin Supreme Court · 1883
- Bickford v. EschbachWashington Supreme Court · 1932
- Smith v. BahrWisconsin Supreme Court · 1885
- State ex rel. Ollinger v. Town of ManitowocWisconsin Supreme Court · 1896
- In re the Application of EvingsonNorth Dakota Supreme Court · 1891
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