Fuller v. Tubbs
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Outa-gamie county: JohN GoodlaNd, Circuit Judge. Tbe plaintiff sued before a justice of the peace of Outa-^gamie county upon a balance of an account for medical services of $33.11. The defendant admitted liability for that amount, but alleged as a defense a subscription by plaintiff for the building of the St. Paul Methodist Episcopal church, of which a balance of $32.50 remained unpaid, and had been assigned to the defendant,…
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Appeal from a judgment of the circuit court for Outa-gamie county: JohN GoodlaNd, Circuit Judge. Tbe plaintiff sued before a justice of the peace of Outa-^gamie county upon a balance of an account for medical services of $33.11. The defendant admitted liability for that amount, but alleged as a defense a subscription by plaintiff for the building of the St. Paul Methodist Episcopal church, of which a balance of $32.50 remained unpaid, and had been assigned to the defendant, and that upon an accounting between plaintiff and defendant the said sums were set off against each other, leaving an…
1Opinion of the CourtDodge, J.
The question presented is merely whether, under our statutes, the justice of the peace had jurisdiction to render judgment dismissing defendant’s affirmative cause of action and defense for want of any evidence in support thereof. Neither the regularity of his assuming to decide upon the evidence after the jury had been impaneled nor ■the correctness of his decision is before us. On certiorari to such a magistrate the reviewing court does not sit to correct errors, but to measure jurisdiction. Krueger v. Cone, 106 Wis. 522, 81 N. W. 984. The defendant contends that, when a jury is impaneled…
2Cases cited1 opinion
- Krueger v. ConeWisconsin Supreme Court · 1900
3Cited by1 opinion
- Citizens Bank of Clinton v. JonesWisconsin Supreme Court · 1903