Shultz v. Frank
Wisconsin Supreme Court
ERROR TO THE JEFFERSON COUNTY COURT. This was an action of trespass on the case commenced, Iby the defendant in error against the plaintiff in error, before a justice' of the peace of Jefferson county, by whom judgment was rendered in favor of the defendants below, now plaintiffs in error. The plaintiff below sued out a writ of certiorari from the County Court of Jefferson county.
Read the full summary
ERROR TO THE JEFFERSON COUNTY COURT. This was an action of trespass on the case commenced, Iby the defendant in error against the plaintiff in error, before a justice' of the peace of Jefferson county, by whom judgment was rendered in favor of the defendants below, now plaintiffs in error. The plaintiff below sued out a writ of certiorari from the County Court of Jefferson county. Upon the coming in of the return of the justice, at the September term, A.D. 1852, the County Court reversed the judgment of the justice; to reverse which judgment of the County Court, this writ of error is brought.…
1Opinion of the Court
By the Court,
Smith, J.
The declaration in this case is informally and inartificially drawn. It is just such a declaration of the cause of action, as might he supposed, drawn hy one ignorant of the forms of law, before a tribunal, of which technical precision is not required, hut to which the substantial equity of the law makes its most frequent appeals. To relieve Justices of the Peace from the embarrassments which frequently arise, to perplex even higher tribunals, out of the logical distinction between actions of trespass on the case, and actions of trespass, the 43d section of chap. 88 of…
2Cited by2 opinions
- Masters v. TellerSupreme Court of Oklahoma · 1898
- Masters v. TellerSupreme Court of Oklahoma · 1899