Barker v. Baxter
Wisconsin Supreme Court
ERROR to the District Court for Dane County. Barker sued Baxter before a justice of the peace, and filed his bill of particulars claiming $99.04, and gave credits to .the defendant to the amount of $64.53, and claimed judgment for the balance.
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ERROR to the District Court for Dane County. Barker sued Baxter before a justice of the peace, and filed his bill of particulars claiming $99.04, and gave credits to .the defendant to the amount of $64.53, and claimed judgment for the balance. The case was tried before a jury and the plaintiff recovered $57.07. He remitted the excess over $50. The defendant appealed to the district court, and in that court moved to dismiss the cause, because the justice of the peace had not jurisdiction to try and determine an action where the amount claimed exceeded $50, and the district court sustained the…
1Opinion of the CourtIrvin, J.
This case came up on error to the district court of Dane county, on a judgment given in favor of the defendant for costs on dismissal of the suit.
*409This action was commenced by a summons before a justice of the peace, to recover what was claimed as a balance due on an account which the plaintiff had against the defendant, which consisted of various items, and amounted to the sum of $99.04. To this there were credits given to an amount that left a balance of $34.51.
Before the justice (as a part of the history of this case) the plaintiff obtained a verdict of a jury for $57.07, and entered a…
2Cases cited7 opinions
- Guernsey v. CarverNew York Supreme Court · 1832
- Moore v. WaitSupreme Court of Pennsylvania · 1807
- Willard v. SperryNew York Supreme Court · 1819
- Matteson v. BloomfieldNew York Supreme Court · 1833
- Stevens v. HoweSupreme Court of Vermont · 1834
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Darling v. ConklinWisconsin Supreme Court · 1877
- Cuer v. RossWisconsin Supreme Court · 1880
- French v. KeatorWisconsin Supreme Court · 1881
- Prairie Grove Cheese Manufacturing Co. v. LuderWisconsin Supreme Court · 1902