44 Wis. 591 | Wis. | 1878
The judgment of the justice’s court was removed to the circuit court by a common-law writ of certiorari. Prom the return made by the justice to such writ, it appears that after issue had been joined in the action before the justice, on the
It is to be regretted that a case of so little importance to the parties should have found its way to this court; and the fact that it has found its way here might well suggest that it would be a wise exercise of the legislative power to put an end to litigations involving such small pecuniary interests, before reaching this court.
The objection to the record of the justice is one which this court has in repeated decisions held fatal to the validity of the judgment. In the case of Grace v. Mitchell, 31 Wis., 533, the late learned Chief Justice DixoN says: “ Jurisdiction in each case was lost by reason of the omission of the justice to specify in his docket the place to which the hearings were adjourned, and in one instance the hour of the adjourned day was omitted. . . . Counsel for the defendants concede that the judgments were eoram non judice, and void.” This was said in an action where the judgments of the justice came in question collaterally. In the case of Brown v. Kellogg, 17 Wis., 475, the court say: £i The time, which includes the hour of the day, and the place, to which the hearing is postponed, must be entered in the docket whenever there is an adjournment. It is such entry, as well as the public announcement, which constitutes the adjournment; and unless it be madet
These cases are decisive of the one at bar. And, although our sympathies are strongly in favor of the judgment rendered by the circuit court, we are compelled to hold that it is erroneous and must be reversed.
By the Court.- — -The judgment of the circuit court is reversed, and the cause remanded with directions to that court to reverse the judgment of the justice’s court.