Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1875-02-25
Published Feb. Is, 1875. !
CHAPTER 9.


AN ACT to establish a court in Brown County
with limited civil and criminal jurisdiction in
certain cases.
The people of the State of Wisconsin, repre-
scented III Senate and Assembly, do enact as fol-
lows:
SECTION t. There is hereby established court
IN and for the county of Brown, having the juris-
diction and subject to the limitations hereinafter
prescribed, to be styled 1.-The Second County
Court for Brown County"
Sc CO. 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 as to mat
ters of law and equity equal to and commensurate
with the Circuit Courts of this State, and also
elusive appellate Jurisdiction in all cases of ap-
peal from Justices of the Peace: PrOUided, hO1C-
eUer, That nothing herein contained shall be con-
strued to confer criminal jurisdiction on said
court, except as hereinafter provided.
SEC. 3. For the purpose of determining whether
the amount i'll controversy does not exceed said
sum of $1,000 the complaint in any action in said
court must allege that said amount does not ex-
coed said sum, and unless the answer denies such
allegation and alleges that the said amount ex-
ceeds said sum the objection to the jurisdiction
on account OF the said amount exceeding said
sum shall be deemed waived and the court shall
retain jurisdiction OF the action but If the answer
denies such allegation and alleges that said
amount exceeds said sum the court shall determine
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
5000 the action shall be dismissed: P10Dided,
b01CeUer, That the amount in controversy as here
inbefore limited shall be determined from the
issues formed by the complaint and the allega-
cations contained in the answer not constituting
counter-claim and the evidence pertaining to
saidissues, and sha mot depend upon the matters
set up III the answer by way of COunter-caim or
the evidence Hereunder: PfOUided, further, That
no counter-claim all be interposed in any ac-
ton in said court III which the relief demanded
shall exceed the sum of $4,000.
SEC a. 4 panel OF jurors for each term of said
court shall be draw N the same manner now
Is, or hereafter shall be, provided by law for Cir
cut courts, and the persons serving on such pam
els OF jurors shall be paid at the same rate and in
the same manner as is now, or hereafter shall be-
provided by law for the payment of Jurors in the
saIu circuit courts, and jurors for the trial OF is
sues shal De drawn, impaneled and sworn in
the same manner as III the Circuit Courts of this
State; and said court shall have exercise and use
the same process for Summoninu such iurOrs as
is now or may hereafter by law be used by the
Circuit Courts of this State.
SEC. 5. The regular jury terms of the said
court hereby established shall be held in the
Court House in the city of Green Bay in said
county, on the third Monday of January the first
Monday OF May, and the second Monday of \ oyem-
Der, in each year. and the jurors for each of said
terms shall be summoned for the second Monday
of each term.
SEC g. 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, and the
said court hereby established shall have the same
power to issue special venires and TO summon
talesmen to serve upon iuries therein is now or
hereafter MY be conferred upon the said Circuit
Courts of this State.
SEC. Z. The Clerk of the Circuit Court shall be
the Clerk of the court hereby established, and
shall have the custody and care of all the books
and papers belonging TO the court, shall be pres
ent at all trials if required by the Judge; may
swear all the witnesses and jurors on the trial of
a cause; shall keep minutes of all the proceed
ings and enter the judgments of thecourt under
the direction of the Judge shall issue all proc
esses under his hand and the seal OF the court