Clune v. Wright
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for "Marinette county: S. D. Hastings, Je., Circuit Judge. Plaintiff appealed to the circuit court for Marinette county from a judgment rendered against him in justice’s court October 21,1895. The judgment was for $36 damages and $52.24 ■costs.
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Appeal from a judgment of the circuit court for "Marinette county: S. D. Hastings, Je., Circuit Judge. Plaintiff appealed to the circuit court for Marinette county from a judgment rendered against him in justice’s court October 21,1895. The judgment was for $36 damages and $52.24 ■costs. On the 30th day of October, after the rendition of the judgment, plaintiff paid the costs required to perfect an •appeal therefrom, and delivered to the justice a proper affidavit, together with a notice, which was in the following language and form: State of "Wisconsin, Marinette County. gg S' In Justice…
1Opinion of the CourtMabshall, J.
The trial court in due form certified to this-court for consideration the single question of whether the notice of appeal was sufficient, under sec. 3754, R. S., to give the circuit court jurisdiction of the cause. The rule is that the notice of appeal, to be effective, must properly designate the judgment appealed from. Morris v. Brewster, 60 Wis. 229; Hills v. Miles, 13 Wis. 625. That manifestly requires a sufficient description of the judgment in the notice to show the applicability of such notice to such judgment, without resort to extrinsic evidence. The notice in question does not meet…
2Cases cited5 opinions
- Friemark v. RosenkransWisconsin Supreme Court · 1892
- Noall v. HalonenWisconsin Supreme Court · 1893
- Morris v. BrewsterWisconsin Supreme Court · 1884
- Hender v. RingWisconsin Supreme Court · 1895
- Hills v. MilesWisconsin Supreme Court · 1861