Manville v. Gay
Wisconsin Supreme Court
ERROR TO THE COUNTY COURT OR SHEBOYGAN COUNTY. This was an action of assumpsit, commenced by attachment, by the defendants in error, against the plaintiff in error, before Edward El well, a justice of the peace, of the county of Sheboygan, on the 21st day of January, 1851, returnable the 28th January.
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ERROR TO THE COUNTY COURT OR SHEBOYGAN COUNTY. This was an action of assumpsit, commenced by attachment, by the defendants in error, against the plaintiff in error, before Edward El well, a justice of the peace, of the county of Sheboygan, on the 21st day of January, 1851, returnable the 28th January. On the return day the parties appeared. • The plaintiffs filed a written declaration, in the common counts, to which was attached a notice that the following promissory note was the plaintiff’s sole demand in that suit: “ $72.00. On the first days of May, June, July August, September, October,…
1Opinion of the Court
*256By the Oourt,
Whitow, C. J.
The judge having allowed the defendant below, for the repairs stipulated ^01’ m ^he lease> the only questions arising m the cáse, are, upon his ruling, by which he excluded testimony offered by the defendant below, at the trial, to prove that certain repairs made by him, to the demised building, and materials furnished therefor, were agreed by the parties to be applied in part, payment of the rent; and also, testimony offered by the defendant, to prove that other services performed by the defendant for the plaintiffs intestate, were agreed by the parties to be so…
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