Mathews v. Ripley
Wisconsin Supreme Court
EeRoe to review a judgment of tbe circuit court for Rich-land county: G-eo. ClemeNtsoN, Circuit Judge. Tbe action was commenced by Rifley against Mathews in justice’s court.
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EeRoe to review a judgment of tbe circuit court for Rich-land county: G-eo. ClemeNtsoN, Circuit Judge. Tbe action was commenced by Rifley against Mathews in justice’s court. Tbe complaint was for $185 due on a written contract originally calling for $385. Defendant by answer counterclaimed for various items of alleged indebtedness, not constituting an account or having any connection with plaintiff’s cause of action, aggregating $380.99. It is claimed that plaintiff replied alleging payment and setting forth various items of alleged indebtedness not having any connection with his original…
1Opinion of the CourtMaeshalu, J.
Did the justice have jurisdiction to render judgment? That is the sole question in the controversy, and it must be determined from the record as it comes to this court. The cause having been appealed to, and tried in, the circuit court, dc novo, there being no bill of exceptions, the extent of plaintiff’s claim as established in justice’s court is not disclosed. We can only look to the pleadings returned from that court to determine the question presented, for the justice’s minutes and docket entries are not a part of the record on which the judgment appealed from is based. Sellers v.…
2Cases cited3 opinions
- Cooban v. BryantWisconsin Supreme Court · 1875
- Henckel v. Wheeler & Wilson Manufacturing Co.Wisconsin Supreme Court · 1881
- Sellers v. LampmanWisconsin Supreme Court · 1885
3Cited by3 opinions
- Town of Washburn v. Washburn Waterworks Co.Wisconsin Supreme Court · 1904
- Martin v. EastmanWisconsin Supreme Court · 1901
- Crate v. PettepherWisconsin Supreme Court · 1901