Combs v. Dunlap
Wisconsin Supreme Court
CERTIORARI to a Justice of the Peace for Dane County. The action before the justice was by Combs against Dunlap, on a promissory note made by the latter for $24.32, and was commenced February 20th, 1864. The return day named in the summons was March 1st, 1864, and the justice’s docket of that date states that the parties appeared, and Dunlap answered, denying generally, and gave notice, in substance, that he would prove on the trial that he had paid the sheriff on an…
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CERTIORARI to a Justice of the Peace for Dane County. The action before the justice was by Combs against Dunlap, on a promissory note made by the latter for $24.32, and was commenced February 20th, 1864. The return day named in the summons was March 1st, 1864, and the justice’s docket of that date states that the parties appeared, and Dunlap answered, denying generally, and gave notice, in substance, that he would prove on the trial that he had paid the sheriff on an execution in his hands against Combs, March 1st, 1864, $26.79, “ and taken his receipt therefor to apply on defendant’s…
1Opinion of the Court
By the Court,
Dixok, C. J.
The justice plainly exceeded his jurisdiction. The plaintiff having failed to appear within one hour after the time to which the cause was adjourned, the justice was bound, under the statute, to render judgment of nonsuit against him. R. S., ch. 120, sec. 147. Instead of doing that, the justice proceeded to a hearing, and attempted to determine the effect of the sheriff’s receipt, and gave j udgment against the defendant for the costs which had accrued before *593payment of the money to the sheriff. This was not error merely, but a usurpation of power not conferred by…
2Cited by3 opinions
- Kilkelly v. StateWisconsin Supreme Court · 1878
- State ex rel. Furlong v. McCollSupreme Court of Minnesota · 1914
- State ex rel. Gleim v. EvansMontana Supreme Court · 1893