Hutchinson v. Paige
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. John F. Morse (the plaintiff’s intestate) and the defendant were partners in business from 1863 to 1812, when the partnership was dissolved. In 1874 Morse commenced an action against the defendant for an accounting and settlement of the partnership affairs.
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APPEAL from the Circuit Court for Winnebago County. John F. Morse (the plaintiff’s intestate) and the defendant were partners in business from 1863 to 1812, when the partnership was dissolved. In 1874 Morse commenced an action against the defendant for an accounting and settlement of the partnership affairs. In his complaint, Morse charged that the defendant kept the partnership books, in which he made false entries and struck false balances, and that he had refused to make a settlement of the partnership affairs; also that on a fair statement of the account a balance would be found due the…
1Opinion of the CourtLyoN, J.
The question as to when and under what circumstances a party may discontinue his action, and the effect of such discontinuance upon the counterclaim of the defendant, if one has been interposed, was considered in this court in McLeod v. Bertschy, 30 Wis. 324; S. C. 32 Wis. 205; S. C. 33 Wis. 116; and S. C. 34 Wis. 244. After able and elaborate arguments and careful consideration, the following propositions were held: (1) At the common law a plaintiff had the absolute right to discontinue his action before or after issue joined, and without leave of court. (2) In suits in equity under the…
2Cases cited4 opinions
- State ex rel. Henshall v. LudingtonWisconsin Supreme Court · 1873
- McLeod v. BertschyWisconsin Supreme Court · 1872
- Bertschy v. McLeodWisconsin Supreme Court · 1873
- McLeod v. BertschyWisconsin Supreme Court · 1874
3Cited by7 opinions
- State ex rel. City of Milwaukee v. LudwigWisconsin Supreme Court · 1900
- Grignon v. BlackWisconsin Supreme Court · 1890
- Obermeier v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1922
- Wolcott v. StudebakerUnited States Circuit Court · 1887
- Downes v. WorchSupreme Court of Rhode Island · 1906
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