Barker v. Knickerbocker Life Insurance
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaulcee County. Action upon a written contract,.dated May 6th, 1867, by which the plaintiff agreed with the defendant to serve it as general agent in building up the business of its western branch office, for five years, at a salary of $3,000 per annum, to be paid monthly, besides necessary traveling and hotel expenses.
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APPEAL from the Circuit Court for Milwaulcee County. Action upon a written contract,.dated May 6th, 1867, by which the plaintiff agreed with the defendant to serve it as general agent in building up the business of its western branch office, for five years, at a salary of $3,000 per annum, to be paid monthly, besides necessary traveling and hotel expenses. The complaint, which was filed in January, 1868, alleged that plaintiff had faithfully discharged his duties under said agreement, and that there was due to him on account of salary $750, and for traveling and hotel expenses, $159.55.…
1Opinion of the CourtPaike, J.
The defendant moved in the court below to dismiss the action for insufficiency in the service of the process. This motion having been overruled, it answered and went to trial on the merits. This must be held a waiver of the error, if any, in overruling the motion. If a party wishes to stand upon the objection that he is not in court, he must keep out, except for the purpose of raising that question. It would give him an unjust advantage, to allow him, after such a motion had been ruled against him, to go into coart for all the purposes of a trial on the merits, in which, if he obtained a…
2Cases cited2 opinions
- Lowe v. StringhamWisconsin Supreme Court · 1861
- McConihe v. HollisterWisconsin Supreme Court · 1865
3Cited by17 opinions
- Maynard v. Royal Worcester Corset Co.Massachusetts Supreme Judicial Court · 1908
- Hamilton v. LoveIndiana Supreme Court · 1899
- Sprecher v. Weston's Bar, Inc.Wisconsin Supreme Court · 1977
- Saxonia Mining & Reduction Co. v. CookSupreme Court of Colorado · 1884
- State Ex Rel. Schilling & Klingler v. BairdWisconsin Supreme Court · 1974
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