Varney v. Caswell

Decided June 15, 1854

Wisconsin Supreme Court · decided 1854-06-15

This was an action of assumpsit commenced before a justice of the peace by the plaintiff in error, against the defendant in error. The plaintiff obtained a judgment before the justice, and the defendant appealed to the County Court of Dane county, and the case was then transferred, on the application of the defendant, to the Circuit Court for the same county. The declaration, plea, &c., were filed in the Circuit Court, April 8th, 1851.

Cited by 1 later decisions — most recently November 1892

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1854-06-15

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¶1By the Gourt,

Whitok, C. J.

¶2According to the decision of this court in the case of Potter vs. the town of Blooming Grove, ante, and other similar cases, the judgment of the court must be reversed. The court below had no jurisdiction, for want of compliance with the statute regulating appeals from justices. (See Revised Statutes, chap. 88, § 230.)

¶3It is therefore quite immaterial whether a judg. ment of non-suit was in fact ordered by the court at the October term, 1853, according to the affidavits filed by the defendant in error, or not. We need not therefore consider the question whether it was proper .for the court to receive the affidavits, nor whether the judge decided correctly' upon the matters contained in them. Judgment reversed.