Bremer v. Kœnig
Wisconsin Supreme Court
Action of trespass de bonis, brought by the defendant in error, against the plaintiff in errror, before A. B. Brayley, Esq., a justice of the peace of said county, for taking and driving away a cow. The justice found McPyncheon not guilty, and rendered a judgment against Bremer for forty dollars and costs of suit. Bre-mer took an appeal to the Circuit Court.
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Action of trespass de bonis, brought by the defendant in error, against the plaintiff in errror, before A. B. Brayley, Esq., a justice of the peace of said county, for taking and driving away a cow. The justice found McPyncheon not guilty, and rendered a judgment against Bremer for forty dollars and costs of suit. Bre-mer took an appeal to the Circuit Court. At the foot of the recognizance for appeal, was an affidavit in the following form: “ State of Wisconsin, Dane County, ss.: Christian Bremer being duly sworn, says that the appeal from the judgment mentioned in the above and foregoing…
1Opinion of the Court
By the Court,
Cole, J.
The only point relied upon by the counsel for the defendant in error, to sustain the ruling of the *158Circuit Court in dismissing tbe appeal, is tbe insufficiency of tbe affidavit for the appeal. We presume tbe other grounds assigned in his motion in tbe court below, are no longer considered tenable, and are, therefore, abandoned. Certainly the cases of Edson vs. Countryman (1 Wis. 172); Kirkpatrick vs. McCormick (2 id. 284), are decidedly against him upon the first point in his motion : while the observation that the recognizance given was in all respects in strict…
2Cases cited1 opinion
- Edson v. CountrymanWisconsin Supreme Court · 1853
3Cited by2 opinions
- Evangelical Lutheran St. Peter's Gemeinde v. KoehlerWisconsin Supreme Court · 1884
- Wattawa v. JahnkeWisconsin Supreme Court · 1903