Brearley v. Warren

Decided June 15, 1854

Wisconsin Supreme Court · decided 1854-06-15

This was ail action of trover commenced before a justice of the peace, by the plaintiff in error, against the defendant in error. The plaintiff obtained judgment and the defendant attempted to appeal to the County Court. The affidavit for appeal states that the “application for appeal is made in good faith and not for the purpose of delay.

Relies on Latham v. Edgerton · Brown v. Pratt

Decided 1854-06-15

¶1By the Oourt,

Oiiawiíord, J.

¶2The cases of Clark and Rice vs. Bowers, garnishee &c. (2 Wis. R. 123,) Pelton vs. The Town of Blooming Grove, decided at the present term of this court, and Brown vs. Pratt and Wood (4 Chand. 32) are decisive of the present case. There was no sufficient affidavit for an appeal filed with the justice of the peace, and therefore the County Court should have dismissed the appeal.— *398That court acquired no jurisdiction of the case, (vide Latham vs. Edgerton, 9 Cow. 227, and cases there cited-

¶3The judgment of the County Court is reversed with costs.