Brandies v. Robinson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Manitowoc County. This action was commenced before a justice of the peace, on a note and book account against the defendant. The summons was made returnable on a day therein named, at 10 o’clock, A. M., and was duly served on the defendant. At the hour named in the summons, the justice called the case, and the plaintiff appeared by his attorney.
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APPEAL from the Circuit Court for Manitowoc County. This action was commenced before a justice of the peace, on a note and book account against the defendant. The summons was made returnable on a day therein named, at 10 o’clock, A. M., and was duly served on the defendant. At the hour named in the summons, the justice called the case, and the plaintiff appeared by his attorney. The attorney thereupon left the justice’s office, and, after being absent half an hour, returned thereto accompanied by the defendant and his attorney. The justice then proceeded with the trial without objection. The…
1Opinion of the CourtLyost, J.
The circuit court must have held that,'because the justice proceeded with the trial 'before one hour had elapsed after the time specified in the summons, he thereby lost jurisdiction of the case. This was error. The statute provides, that, “ upon the return of the process duly served, the justice shall wait one hour after the time specified in such process for the appearance of the parties, unless they sooner appeal’.” R. S. 1858, ch. 120, sec. 45. The appearance of this statute is not necessarily a formal appearance to the action, to be entered in the docket of the justice, but the personal…
2Cited by2 opinions
- Smith v. BahrWisconsin Supreme Court · 1885
- State ex rel. Haeselich v. SchweitzerWisconsin Supreme Court · 1907