Crandall v. Bacon

Wisconsin Supreme Court

Crandall v. Bacon

20 Wis. 639

CourtWisconsin Supreme Court

DecidedJune 15, 1866

StatusPublished

Cited by16 cases

This text of 20 Wis. 639 (Crandall v. Bacon) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Crandall v. Bacon, 20 Wis. 639 (Wis. 1866).

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Opinion

Downer, J.

The judgment of the justice of the peace enjoined by the circuit court was void. The justice adjourned the cause one week, without specifying the hour of the day, or tho> place to which it was adjourned. He thereby lost jurisdiction of the cause. Roberts v. Warren, 3 Wis., 736; Brown v. Kellogg, 17 Wis., 475.

There was a plain, adequate remedy by common law certi-orari to reverse this void judgment.

By the Court.- — -The judgment of the circuit court is reversed, and the cause remanded with directions to dismiss the complaint.

A motion for a rehearing was denied.

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Downer, J.

The judgment of the justice of the peace enjoined by the circuit court was void. The justice adjourned the cause one week, without specifying the hour of the day, or tho> place to which it was adjourned. He thereby lost jurisdiction of the cause. Roberts v. Warren, 3 Wis., 736; Brown v. Kellogg, 17 Wis., 475.

There was a plain, adequate remedy by common law certi-orari to reverse this void judgment.

By the Court.- — -The judgment of the circuit court is reversed, and the cause remanded with directions to dismiss the complaint.

A motion for a rehearing was denied.

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Bluebook (online)

20 Wis. 639, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crandall-v-bacon-wis-1866.

Opinion

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