Hibbard v. Odell
Wisconsin Supreme Court
APPEAL from the Circuit Court for Walworth County. Action brought before a justice of the peace to recover the price of fourteen and a half bushels of wheat sold and delivered by the plaintiffs to one Mather, at the request of the defendant. The defendant an.swered denying each and every allegation of the complaint and setting up other defenses not necessary to he noticed.
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APPEAL from the Circuit Court for Walworth County. Action brought before a justice of the peace to recover the price of fourteen and a half bushels of wheat sold and delivered by the plaintiffs to one Mather, at the request of the defendant. The defendant an.swered denying each and every allegation of the complaint and setting up other defenses not necessary to he noticed. The cause was then adjourned until March 31, 1859, at one o’clock in the afternoon, at which time the parties again appeared before the j ustice, when the issue came on to be tried before the j ustice, and during the trial…
1Opinion of the Court
*635 By the Court
Paine, J.
It appeared on the trial before the justice, that he was father-in-law to one of the plaintiffs who had married his daughter. And the defendant moved to dismiss the case upon that ground. We have no doubt that the justice was “ near of kin” to his son-in-law within the meaning of section 48, chap. 120, R. S., which provides that when it shall appear that the justice is near of kin to either party, he shall remove the case to some other justice of the same county.
The word “ kin”, in its strictest sense, includes only relations by blood; but in a general sense it is used…
2Cases cited1 opinion
- Edwards v. RussellNew York Supreme Court · 1839
3Cited by4 opinions
- Calvert v. Terminal Taxicab Co.Court of Appeals for the D.C. Circuit · 1918
- Elderkin v. WiswellWisconsin Supreme Court · 1884
- Estate of BarrettCalifornia Superior Court · 1899
- Maclean v. ScrippsMichigan Supreme Court · 1883