Legal Opinion

Webster v. School District No. 4

Wisconsin Supreme Court

Decided June 15, 1862PublishedCited by 6 opinions

ERROR to the Circuit Court for Brown County. The plaintiff in error brought an action, in justice’s court, against the defendant in error, to recover $25, for one month’s services in teaching its school, on a contract entered into with its officers, in the usual form, on the 18th day of Sept., 1858, which services were fully completed on the 19th day of October in the same year.

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ERROR to the Circuit Court for Brown County. The plaintiff in error brought an action, in justice’s court, against the defendant in error, to recover $25, for one month’s services in teaching its school, on a contract entered into with its officers, in the usual form, on the 18th day of Sept., 1858, which services were fully completed on the 19th day of October in the same year. The defendant below denied all the allegations of the complaint, and after a trial, the plaintiff below recovered judgment for $25 and costs, and the defendant below appealed therefrom to'the,circuit court, on the 23d…

1Opinion of the Court

By the Court,

Dixon, C. J.

But one notice of trial is required in appeals from justices of the peace. It may be given by either party, and when given, the appeal may be brought to a hearing without “further notice.” R. S. ch. 120, sec. 216. “ If neither party bring it to a hearing before the end of the second term, the court shall dismiss the appeal, unless it continue the same by special order for cause shown.” Id.; Vibbert vs. Sheppard, 15 Wis., 106. The end of the second term had not come when the motion in this case was made, and it was properly denied.

The contract with the plaintiff in…

2Cases cited1 opinion

  1. Vibbert v. ShepardWisconsin Supreme Court · 1862

3Cited by6 opinions

  1. Pinger v. VanclickWisconsin Supreme Court · 1874
  2. Holt v. ColemanWisconsin Supreme Court · 1884
  3. Rivers v. School Dist. No. 51, Noble CountySupreme Court of Oklahoma · 1918
  4. Davis v. Public SchoolsMichigan Supreme Court · 1913
  5. Hemingway v. Joint School District No. 1Wisconsin Supreme Court · 1903

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