Gehl v. Peycke Bros. Commission Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: OekeN T. Williams, Circuit Judge. Action to recover the purchase price of a shipment of two carloads of cabbage from Milwaukee to Kansas City. The suit was begun in the civil court of Milwaukee county and resulted in a judgment in favor of the plaintiff.
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Appeal from an order of the circuit court for Milwaukee county: OekeN T. Williams, Circuit Judge. Action to recover the purchase price of a shipment of two carloads of cabbage from Milwaukee to Kansas City. The suit was begun in the civil court of Milwaukee county and resulted in a judgment in favor of the plaintiff. An appeal was taken to the circuit court, and an order was therein entered reversing the judgment of the civil court and awarding a new trial in the circuit court. Plaintiff appealed from such order. The questions raised by the appeal on the merits involve the determination of…
1Opinion of the CourtViNJB, J.
1. The defendant urges that since there is no bill of exceptions settled by the circuit judge the evidence cannot be considered by this court in passing upon the merits. In Lindenmann v. Kopczynski, 155 Wis. 164, 144 N. W. 196, the contrary was held, and the ruling is adhered to. Where the action of the circuit court is based wholly upon the return made by the clerk of the civil court, duly certified by him as provided by sub. 1, sec. 28, ch. 549, Laws of 1909, as amended by sec. 20, ch. 425, Laws of 1911 (Hirschberg’s Milwaukee County Laws, sec. 1333), and which return together with the…
2Cases cited7 opinions
- Vogt v. SchienebeckWisconsin Supreme Court · 1904
- Fromme v. O'DonnellWisconsin Supreme Court · 1905
- Southern Flour & Grain Co. v. McGeehanWisconsin Supreme Court · 1910
- State ex rel. Pittsburgh Coal Co. v. PattersonWisconsin Supreme Court · 1909
- McCollom v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1913
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3Cited by3 opinions
- State ex rel. News Publishing Co. v. ParkWisconsin Supreme Court · 1917
- Allen v. Wolf River Lumber Co.Wisconsin Supreme Court · 1919
- Orlandini v. GunsburgWisconsin Supreme Court · 1958