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A Selection of Cases on Trial Practice; At Common Law and Under Modern Statutes

A Selection of Cases on Trial Practice; At Common Law and Under Modern Statutes


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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: ruled. Defendant answered, stating (1) that the execution was returned as required by law; (2) that the judgment upon which the execution was issued was void and the execution a nullity. Upon the evidence the court rendered judgment against defendant for the amount of the execution and interest, with ten per cent damages thereon. Defendant has appealed. Cockrill, C. J. The proceeding was instituted by motion for summary judgment under sections 3963-4, and it is argued that the plaintiff's cause should fall because those sections, as held above, do not apply. But the complaint contains all the allegations necessary to a recovery under section 3061. The defendant demurred to it, and, after the demurrer had been overruled and the cause continued to another term, consented to an order setting aside the continuance, filed his answer and went to trial. Either of these acts was sufficient to enter his appearance and waive the formal issue and service of summons. The defendant was therefore in court, and cannot now be heard to object that he was brought in by notice instead of summons.1 PLANO MFG. CO. v. RASBY. 69 Wisconsin, 246. [1887.] Cole, C. J. This action was commenced before a justice of the peace of Rock county, where, after trial, a judgment was rendered in favor of the appellant. From this judgment the respondent took an appeal to the Circuit Court, in which court he recovered the judgment from which this appeal is taken. It is now claimed that the Circuit Court never acquired jurisdiction of the cause and had no power to render the judgment it did; that the municipal court of Rock county has exclusive jurisdiction of all appeals from justices' courts of that county, and that the appeal of the respondent in the first instance should have been to that court. That poin...


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Product Details
  • ISBN-13: 9781459014343
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 300
  • Spine Width: 16 mm
  • Width: 189 mm
  • ISBN-10: 1459014340
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 540 gr


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A Selection of Cases on Trial Practice; At Common Law and Under Modern Statutes
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