Collins v. Wagoner

20 Wis. 48 | Wis. | 1865

Downer, J.

The justice of the peace dismissed the suit because the complaint was not sworn to, and did not show the plaintiff in the possession of the premises therein described; but he rendered no judgment for costs against 'the plaintiff. The plaintiff appealed to the circuit court, and that court dismissed the appeal, for the reason, that the judgment of the justice was not a final judgment.

The justice clearly erred in dismissing the action. It is contended that the dismissal is not a final judgment, within the meaning of sec. 204, ch. 120, R. S. The dismissal of the suit was the same in legal effect as a nonsuit; and the words “final judgment ” in the statute mean the final determination of the rights of the parties in the action. Judgment of nonsuit or dismissal, which did not award costs, has been held a final judgment from which a writ of error would lie. Lovell v. Evertson, 11 Johns., 53; Lawler v. Fitzpatrick, 3 Wis., 573.

We hold the judgment of the justice final within the meaning of section 204 above cited. The circuit court erred in dismissing the appeal.

By the Court. — The judgment of the circuit court is reversed, with costs, and the cause remanded for farther proceedings.