Henckel v. Wheeler & Wilson Manufacturing Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lae County. This action was commenced in justice’s court; was taken by appeal of plaintiff to the county court; and was afterwards removed to the circuit court, where judgment was rendered in plaintiff’s favor.
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APPEAL from the Circuit Court for Fond du Lae County. This action was commenced in justice’s court; was taken by appeal of plaintiff to the county court; and was afterwards removed to the circuit court, where judgment was rendered in plaintiff’s favor. At the commencement of the trial in the circuit court, before a referee, the defendant objected to the admission of any evidence under the complaint, on the ground that the court had no jurisdiction; and on the motion to confirm the referee’s report, defendant insisted upon this objection. After the judgment was rendered, defendant moved for a…
1Opinion of the Court
The following opinion was filed January 11, 1881:
Cole, C. J.
There was an incurable defect in the jurisdiction of the justice in this case, under the decisions in Nimmick v. Mathiesson, 32 Wis., 324, and Cooban v. Bryant, 36 *364Wis., 605. The cause of action stated in the amended complaint filed before the justice was for commissions on sixty sewing machines sold by the plaintiff for the defendant, amounting to $200, for which sum judgment was claimed. These commissions were earned upon contracts sworn to or introduced on the trial by the plaintiff, from which it appeared that he was allowed on…
2Cases cited2 opinions
- Cooban v. BryantWisconsin Supreme Court · 1875
- Nimmick v. MathiessonWisconsin Supreme Court · 1873
3Cited by6 opinions
- Town of Washburn v. Washburn Waterworks Co.Wisconsin Supreme Court · 1904
- Ruhland v. Supervisors of the Town of Hazel GreenWisconsin Supreme Court · 1882
- Martin v. EastmanWisconsin Supreme Court · 1901
- Jones v. HuntWisconsin Supreme Court · 1895
- Sellers v. LampmanWisconsin Supreme Court · 1885
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