Cecil v. Barber
Wisconsin Supreme Court
Cecil sued Barber before a justice of the peace in Dane county, and obtained judgment for $1,72 damages, and $5,50 costs. Barber applied for and obtained a writ of certiorari, setting out in Iris affidavit therefor, the proceedings before the j ustice, &c.
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Cecil sued Barber before a justice of the peace in Dane county, and obtained judgment for $1,72 damages, and $5,50 costs. Barber applied for and obtained a writ of certiorari, setting out in Iris affidavit therefor, the proceedings before the j ustice, &c. Judg-naent was rendered June 11, 1853, and the' certiorari issued on the 24th day of June, 1853. On the 20th July the said justice made return to said writ as follows: “ Í, John A. Douglas, a justice of the peace in the writ hereunto annexed, named, do certify to the judge of the County Court of said county, that before the coming of said…
1Opinion of the Court
By the. Court,
Smith, J.
The County Court erred in this case in not compelling a full and complete return to the writ of certiorari. The return, together with the additional return, gave the court no jurisdiction to determine upon the merits of the case,''and a complete and full return of all the proceedings had before the justice, was necessary to enable the County Court to pass judgment upon the merits. It is not sufficient that the plaintiff in a suit brought by him shall be himself satisfied after certiorari brought, that *299error lias intervened before the justice, but it is the duty of the…
2Cited by2 opinions
- Bullard v. KuhlWisconsin Supreme Court · 1882
- Coffee v. City of Chippewa FallsWisconsin Supreme Court · 1874