207 Wis. 510 | Wis. | 1932
Sec. 300.07 (5), Stats., provides:
“Every justice of the peace shall keep a docket in which he shall enter in each case to which they relate: . . .
“(5) Every adjournment, stating at whose request and to what time and place.”
.From Roberts v. Warren, 3 Wis. *736, 646, decided at the June term, 1854, down to the present time, it has been held by this court that failure of the justice of the peace to state the place to which adjournment is taken results in a loss of jurisdiction. In this case a very persuasive and moving argument is made that this long line of decisions should be overruled and that it should be held that, in the absence of any other place being stated, it should be conclusively presumed the adjournment is to the place named in the summons. The rule so long adhered to seems archaic and en
By the Court. — Judgment affirmed.