The Superior times. [volume] (Superior, Wis.) 1870-1912, 1875-03-27
Published February Is, 1875. !
CHAPTER 9.

CHAPTER 9.
AN ACT to establish a court i'll Brown county with
limited civil and criminal jurisdiction i'll certain
cases.
The people of the state of Wisconsin, represented
in Senate and Assembly, do enact as follows:
Section /. There is hereby established a court in
and for the county OF Brown, having the jurisdic-
ton and subject to the limitations hereinafter pre-
scribed to be styled 1.-The second county court for
Brown county.
Sec. =. There is hereby conferred upon the court
hereby established jurisdiction in all civil actions
where the amount in controversy shall not exceed
five thousand dollars both to matters of law and
equity equal to and commensurate with the circuit
courts of this state. and also exclusive appellate j-
risdction in all cases of appeal from justices of
the peace Provided however. that nothing here
IN contained shall be construed to confer crimi-
nal jurisdiction ON said court except as hel einafter
provided.
See s. For the purpose of determining whether
the amount in controversy does, does not exceed
said sum of five thousand dollars, the complaint in
any action in said court must allege that said
amount does not exceed said sum, and unless the
answer denies such allegation, and alleges that the
said amount exceeds said sum, the objection the
jurisdiction en- account of the said amount exceed
ing said sum shall be deemed waived, and the court
shall retain jurisdiction of the action; but if the
denies such allegation and alleges that said
amount exceeds said sum, the court shall deter
mine the question of jurisdiction from the evidence
and pleadings in the cause, and if the court finds
the amount in controversy to exceed said sum of
five thousand dollars. the action shall be dismissed
Provided, however that the amount in controversy
herein before limited shall be determined from
the issues formed by the complaint and the alega-
tons contained in the answer not constituting a
counter claim and the eviden e pertaining to said
issues, aud shall not depend upon the matters set
up in the answer by way of coHnter-claiin the
evidence hereunder, provided, further, that no
coanter-caim shall be interposed in any action in
said court in which the relief demanded shall ex-
coed the of thirty thousand dollars
Sec l. panel OF jurors for each term of said
court shall be drawn in the same manner as now Is.
or hereafter shall be, provided by law for circuit
courts, and the person serving on such panels of
Jurors shall be paid at the rate and in the
same manner, as is now. hereafter shall be- pro-
Hlded by law Tor the payment of jurors in the said
circuit courts, and jurors for the trial of issues
shall be drawn, empanneled and sworn in the same
manner as IN the circuit courts of this State: and
said court shall have, exercise and use the same
process Tor summoning such jurors is now or
may hereafter by law be used by the circuit courts
of this state.
See. 5. The regular Jury terms of the said court
hertb established shall be held in the court house
in he city of Green Bay. in said county. on the
third Monday OF January, the first Monday of Nav.
aud the second Monday OF November in each wear
and She jurors for each of said terms shall be sum
moned for the seconl. Monday of each term.
Sec. Is. The judge OF said court shall have the
same power TO hold special adjourned terms of his
court, as Is now or hereafter may be conferred
upon the circuit courts of this state ami the saiI
hereby established shall have the same power
10 issue special yenirrs, and 10 summon tales1neu
TO upon luries therein is now or hereafter
may be conferred upon the said circuit courts oi
this state.
Sec. : The clerk Of the circuit court shall be the
clerk OF the court hereby established, aud shall
have the custody ana care Of al the books and pa
peTs belonging 10 the court, shall BE- present. 81