Barnum v. Fitzpatrick
Wisconsin Supreme Court
APPEAL PROM CIRCUIT COURT, OZAUKEE COUNTY. This was an action commenced by John Barnum against John Fitzpatrick, the administrator of Wm. H. Kittridge, before a justice of the peace, for an amount due from the estate of Kittridge. Judgment was given by the justice in favor of the plaintiff, of #47 93, and the defendant appealed to the circuit court, where the plaintiff recovered #46 damages, #31 53 costs, from which the defendant took this appeal.
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APPEAL PROM CIRCUIT COURT, OZAUKEE COUNTY. This was an action commenced by John Barnum against John Fitzpatrick, the administrator of Wm. H. Kittridge, before a justice of the peace, for an amount due from the estate of Kittridge. Judgment was given by the justice in favor of the plaintiff, of #47 93, and the defendant appealed to the circuit court, where the plaintiff recovered #46 damages, #31 53 costs, from which the defendant took this appeal. The other facts in this case fully appear in the opinion of this court.
1Opinion of the Court
By the Court,
Paote, J.
This action was commenced before a justice of the peace. The venue of the summons is “ Ozaukee county, town of Grafton.” It required the defendant to appear at the office of the justice “ in the village of Manchester in said county. One objection taken is, that the summons was void for uncertainty in this respect, there being no such place as the village of Manchester. But by chapter 361 of the Private and Local Laws of 1857, all that part of the town of Grafton, theretofore known as the village of Grafton, was thereafter to be known as the village of Manchester. This…
2Cases cited1 opinion
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