Legal Opinion

Murdock v. Kilbourn

Wisconsin Supreme Court

Decided July 1, 1858PublishedCited by 3 opinions

ERROR TO THE ROCK CIRCUIT COURT. The plaintiff in error "brought an'action of assumpsit against the defendant in error before a police justice in the city of Janesville, wherein ho declared “ on all the common counts in “ assumpsit for money had and received by defendant to plain- “ tiff’s use, to his damage one hundred dollars.” To which declaration the defendant pleaded the general issue.

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ERROR TO THE ROCK CIRCUIT COURT. The plaintiff in error "brought an'action of assumpsit against the defendant in error before a police justice in the city of Janesville, wherein ho declared “ on all the common counts in “ assumpsit for money had and received by defendant to plain- “ tiff’s use, to his damage one hundred dollars.” To which declaration the defendant pleaded the general issue. Upon trial had, said justice rendered judgment in favor of the plaintiff for $50.00 and costs, from which the defendant appealed to the circuit court of Rock county, and at the November term, 1S56. the…

1Opinion of the Court

By the Court,

Whiton, C. JV

We shall express no opinion upon the rulings of the judge in this case, because of an insurmountable objection to the plaintiff’s recovery, arising from the testimony introduced by the plaintiff himself.

It. appears that the plaintiff and one Shoyer made a wager upon the result of the election of Governor of this State, and deposited the money wagered in the hands of the defendant as a stakeholder. It appears further that the wager was made and the mqney deposited after the election had taken place, ’ and while the result was undetermined. Upon this testimony .•vye…

2Cited by3 opinions

  1. Lemon v. GrosskopfWisconsin Supreme Court · 1868
  2. Massachusetts Bonding & Ins. Co. v. GottliebTexas Commission of Appeals · 1929
  3. State ex rel. McKeever v. CameronWisconsin Supreme Court · 1923

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