41 Wis. 59 | Wis. | 1876
1. This action was commenced before a justice of the peace of the city of Eoscobel, to recover a penalty for vio
2. In the circuit court an application was made on the part of the city for a continuance, on account of the absence of a material witness. The circuit court granted the continuance on condition that the plaintiff pay the defendant’s attorney five dollars and the costs of the term, within thirty days from the close of the term, or the action be dismissed. The costs not being paid within the time limited, and that fact being made to appear to the circuit court by affidavit, on motion of the defendant’s attorney, the action was dismissed. The judgment dismissing the action on the ground that the costs of the term were not paid, we think, was erroneous. The action was quasi criminal in its character, and in that class of actions the court should not require the payment of the costs as terms for a continuance. A different rule applies than in civil cases in respect to terms of continuance.
3. The action being quasi criminal, it could not be brought to this court by appeal. The statute regulating and governing appeals to this court refers to civil actions only. The decisions upon the bastardy act are strictly in point on this question of practice. State v. Mushied, 12 Wis., 561; State v. Jager, 19 id., 235. We felt it to be our duty to briefly express our views upon the questions discussed by counsel, although the appeal must be dismissed for the reason just given.
By the Oou/rt. — Appeal dismissed.