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SAUK COUNTY v. SCHMITZ

12 Wis.2d 382 (1961)

SAUK COUNTY, Respondent, v. SCHMITZ, Appellant.

Supreme Court of Wisconsin.

February 7, 1961.

Attorney(s) appearing for the Case

For the appellant there was a brief by Hill, Miller & Ouale of Baraboo, and oral argument by James H. Hill, Jr.

For the respondent there was a brief and oral argument by James R. Searing, district attorney.

FAIRCHILD, J.

This is a civil action to recover a forfeiture.1 Although begun by affidavit and warrant before a justice of the peace, the county court was required, after transfer, to proceed under the act granting that court civil jurisdiction and not as a justice court.2

Sec. 269.44, Stats., is applicable to civil actions in courts of record, and provides:

"AMENDMENTS OF PROCESSES, PLEADINGS...

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