McLeod v. Bertschy
Wisconsin Supreme Court
APPEAR from the County Court of Milwaukee County. The action being upon á written contract, and the answer, in addition to certain matters alleged as a defense, having set up an equitable counterclaim for a reformation of the contract, and also a counterclaim for alleged breaches by plaintiff, of the contract, the plaintiff entered a side-bar order for the discontinuance of the action on payment of defendant’s costs, and notified defendant of such discontinuance and of his…
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APPEAR from the County Court of Milwaukee County. The action being upon á written contract, and the answer, in addition to certain matters alleged as a defense, having set up an equitable counterclaim for a reformation of the contract, and also a counterclaim for alleged breaches by plaintiff, of the contract, the plaintiff entered a side-bar order for the discontinuance of the action on payment of defendant’s costs, and notified defendant of such discontinuance and of his readiness to pay the costs, etc. Defendant, however, noticed the cause for trial, and the court refused to strike it from…
1Opinion of the CourtCole, J.
But little can be said in this case after the two full and able opinions already delivered by Mr. Justice Lyon; one on the appeal from the order refusing to strike the cause from the calendar, and the other on the motion to dismiss this appeal. The questions involved in this appeal were necessarily discussed in those decisions; and, notwithstanding the views there expressed have been sharply criticised by the counsel for the appellant, we are satisfied with their general correctness. It was in substance held and adjudged in those decisions, that the plaintiff could not discontinue the whole…
2Cited by5 opinions
- Dodge v. GaylordIndiana Supreme Court · 1876
- Hutchinson v. PaigeWisconsin Supreme Court · 1886
- Obermeier v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1922
- Pamperin v. PamperinCourt of Appeals of Wisconsin · 1983
- Young v. Grand Trunk Ry. of CanadaU.S. Circuit Court for the District of Eastern Wisconsin · 1881