Legal Opinion

Ætna Accident & Liability Co. v. Lyman

Wisconsin Supreme Court

Decided December 9, 1913PublishedCited by 2 opinions

Appeal from an order of tbe circuit court for Milwaukee county: Laweence W. Halsey, Circuit Judge. The plaintiff in error petitioned the circuit court for Milwaukee county for a writ of error.

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Appeal from an order of tbe circuit court for Milwaukee county: Laweence W. Halsey, Circuit Judge. The plaintiff in error petitioned the circuit court for Milwaukee county for a writ of error. The petition showed that on the 18th day of December, 1911, a judgment' was entered in the civil court of Milwaukee 'County in the city of Milwaukee against the petitioner in an action in which Thomas T. Lyman was plaintiff and the petitioner herein defendant, in which it was adjudged that the plaintiff recover of the petitioner $366.85 damages and $22.23 costs; that the judgment was rendered in an…

1Opinion of the CourtKeewiw, J.

Conceding that tbe civil court of Milwaukee county is a court of record with general limited jurisdiction, we approach tbe main question here, namely, whether a writ of error from tbe circuit court for Milwaukee county will lie to review a judgment of tbe civil court.

While tbe civil court within its jurisdiction proceeds according to tbe course of tbe common law and a jury trial may be bad therein, a new trial may be awarded in tbe circuit court' on appeal from tbe civil court in a proper caso. The civil court is inferior to tbe circuit court and its proceedings may be reviewed in tbe circuit…

2Cases cited23 opinions

  1. Attorney General v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
  2. State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
  3. Webster v. MorrisWisconsin Supreme Court · 1886
  4. Crocker v. StateWisconsin Supreme Court · 1884
  5. State ex rel. Tewalt v. PollardWisconsin Supreme Court · 1901

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3Cited by2 opinions

  1. In re ErnstWisconsin Supreme Court · 1923
  2. Ogden v. StateWisconsin Supreme Court · 1916

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