44 Wis. 482 | Wis. | 1878
Chief Justice BvaN says, in Varrell v. Church, 36 Wis., 318-320: “This court has repeatedly held, as the law undoubtedly is, that a common-law certiorari reaches questions of jurisdiction only, not matters of error, in causes before justices of the peace.” A number of cases are referred to in the opinion in confirmation of the remark. Such being the well settled rule of law, we have to inquire whether the alleged defect in the proceedings before the justice was one which affected his jurisdiction, or was at most merely error. For, unless the defect went to the very jurisdiction of the justice, depriving him of all authority to do what he did, it is only an irregularity as distinguished from a nullity (Salter v.
It follows from this view, that the judgment of the circuit court must be reversed, and the cause remanded with directions to that court to affirm the judgment of the justice.
By the Court. — So ordered.