Taylor v. Wilkinson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sauk County. Wilkinson brought suit against Taylor in a justice's court in said county, and recovered a judgment for $80; and Taylor sued out a certiorari to the circuit court, alleging that after issue joined the cause was adjourned on his motion to the 11th of October; that the entry of’ adjournment in the docket was, “ On motion of defendant, cause adjourned until October 11th, 1866, at 10 o’clock A. P., at my office,” etc.; tbat said…
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APPEAL from the Circuit Court for Sauk County. Wilkinson brought suit against Taylor in a justice's court in said county, and recovered a judgment for $80; and Taylor sued out a certiorari to the circuit court, alleging that after issue joined the cause was adjourned on his motion to the 11th of October; that the entry of’ adjournment in the docket was, “ On motion of defendant, cause adjourned until October 11th, 1866, at 10 o’clock A. P., at my office,” etc.; tbat said defendant did not appear on tbat day, because be did not know to wbat part of tbe day tbe cause was adjourned; and tbat on…
1Opinion of the CourtPaine, J.
We tbink it would be carrying tbe doctrine of Roberts v. Warren, 3 Wis., 736, and Brown v. Kellogg, 17 id., 476, one step too far, to bold tbat tbe justice lost jurisdiction by tbe clerical mistake of writing tbe letter P instead of M. We bold so upon tbe ground tbat if tbe A. P. were stricken out entirely, tbe time of tbe adjournment is designated witb sufficient certainty. It would tlien bave stood: “ Cause adjourned until October 11, 1866, at 10 o’clock,” etc. Tbis should be construed at 10 o’clock in tbe day time, and not 10 o’clock at night, an hour which every body knows is never…
2Cases cited2 opinions
- Stokes v. KnarrWisconsin Supreme Court · 1860
- Roberts v. WarrenWisconsin Supreme Court · 1854
3Cited by2 opinions
- Bradley v. LongWest Virginia Supreme Court · 1905
- Carter Publishing Co. v. DennettSouth Dakota Supreme Court · 1899