Winne v. Nickerson
Wisconsin Supreme Court
ERROR TO WALWORTH OOTJNTY COfTRT. Nickerson, the defendant in error, commenced a suit before a justice of the peace of Walworth county, against Winne, the plaintiff in error, by summons returnable the 3d day of April, 1852, and declared against said Winne on book account; to which Winne pleaded the general issue. The issue was tried before the justice, who rendered judgment in favor of Nickerson, the plaintiff below, for $10.40 damages, and $14.36 costs.
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ERROR TO WALWORTH OOTJNTY COfTRT. Nickerson, the defendant in error, commenced a suit before a justice of the peace of Walworth county, against Winne, the plaintiff in error, by summons returnable the 3d day of April, 1852, and declared against said Winne on book account; to which Winne pleaded the general issue. The issue was tried before the justice, who rendered judgment in favor of Nickerson, the plaintiff below, for $10.40 damages, and $14.36 costs. Tlie case was removed to the County Court by writ of certio-rari, where the judgment of the justice was affirmed, and is now brought here by…
1Opinion of the Court
By the Oow%
Whitost, C. J.
On the trial of this case before the jury, the plaintiff below, (Nicker-son,) offered his account book in evidence under the statute, and after he had been examined on oath in the manner prescribed by the statute, the book was received. The defendant (Winne) objected to the introduction of the book, on the ground that the plaintiff disclosed, on his cross-examination, that he had another book (in which he made entries occasionally, when his other book, produced in court, was not at hand,) which he did not produce at the trial; but the justice overruled the objection.…
2Cited by3 opinions
- Winner v. BaumanWisconsin Supreme Court · 1871
- Bartles v. GibsonU.S. Circuit Court for the District of Western Wisconsin · 1883
- Douglas v. CollinsNew York Supreme Court · 1934