82 Wis. 644 | Wis. | 1892
The following opinion was filed May 24, 1892:
This action was first brought before John Shannon, Esq., a justice of the peace of the town of Clyde,
The affidavit was clearly void. It stated that it was for prejudice or other cause, but failed to state what the cause was. The same point was decided in Billings v. Noble, 75 Wis. 329. The want of jurisdiction by the statute and by the record is freely admitted by the learned counsel of the appellant, but it is contended that the second justice had jurisdiction of the subject matter and of the parties, by consent and voluntary appearance and submission to hear and try the case. But this will not do. “ The jurisdiction of the justice must appear upon the record of the justice, and
In Plano Mfg. Co. v. Rasey, 69 Wis. 246, an appeal was taken to the circuit court instead of to the municipal court of Rock county, to which last court only could appeals from justices be lawfully taken. But the circuit court retained jurisdiction, and tried the case and rendered judgment. The same argument of consent was made, but this court held that the circuit court could only obtain jurisdiction in such á case by the record and proceedings according to the statute, and reversed the judgment. To the same effect is the case of Vogel v. Antigo, 81 Wis. 642. It has been held by this court, in a case where a change of venue had been taken to another circuit court improperly, that such court might obtain jurisdiction by consent, but on the ground that the statute allowed changes of venue in
By the Court.— The judgment of the circuit court is affirmed.
Upon a motion for a rehearing there was a brief for the appellant by A. McArthur, attorney, and Aldro Jenks, of counsel, and a brief for the respondent by Wilson & Meyer.
The motion was denied September 27, 1892.