3 Pin. 305
Decided December 15, 1851
Wisconsin Supreme Court · decided 1851-12-15
Action on tbe case before a justice of tbe peace, and tbe plaintiff bad a verdict and judgment for one hundred dollars, and costs. Tbe defendants appealed to the county court for Sauk county, and upon trial a verdict was found for the defendants, which was set aside and a new trial granted.
Cited by 3 later decisions — most recently June 1854
3 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1851-12-15
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¶1The affidavit made and filed with the justice was not the one required by the statute. In all cases of appeal from a justice, the affidavit must be “ that the appeal is made in good faith,” etc., and not that “ the application for an appeal is made,” etc.
¶2The county court should have granted the motion to dismiss, for this reason.
¶3The judgment is therefore reversed, upon this ground. We do not deem it necessary to investigate the cause further.
¶4Judgment reversed.