Marlett v. Docter
Wisconsin Supreme Court
Appeal from an order of tbe superior court of Milwaukee' county: E. N. Austikt, Judge. Tbis action was commenced in a justice’s court on an account for goods sold. Tbe defendants set up a defense of tbe nonjoinder of a necessary party defendant, in that tbe-goods bad been sold to a copartnership consisting of tbe defendants and one Levy, under tbe firm name of Docter Bros. & Co. Tbe cause was tried in justice’s court, and resulted in a judgment for tbe plaintiff.
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Appeal from an order of tbe superior court of Milwaukee' county: E. N. Austikt, Judge. Tbis action was commenced in a justice’s court on an account for goods sold. Tbe defendants set up a defense of tbe nonjoinder of a necessary party defendant, in that tbe-goods bad been sold to a copartnership consisting of tbe defendants and one Levy, under tbe firm name of Docter Bros. & Co. Tbe cause was tried in justice’s court, and resulted in a judgment for tbe plaintiff. Tbe defendants-appealed to tbe superior court. In tbe superior court it was ordered, on plaintiff’s motion, that tbe proceedings be…
1Opinion of the CourtNewMAN, J.
The county court of Milwaukee county, before the creation of the superior court, had exclusive appellate jurisdiction in all cases of appeal from justices’ courts in civil actions, and all general provisions of law relating to the circuit courts and to civil actions and proceedings therein are made applicable to that court. R. S. secs. 2465, 2466. By the act Avhich created the superior court, “ the jurisdiction and po wers of the county court of Milwaukee county in civil actions and proceedings” were transferred to and vested in the superior court of Milwaukee county. S. & B. Ann. Stat. sec.…
2Cases cited2 opinions
- Morgan v. BishopWisconsin Supreme Court · 1884
- Jones v. WalkerWisconsin Supreme Court · 1867
3Cited by2 opinions
- Keith Bros. v. StilesWisconsin Supreme Court · 1896
- Nicolo v. EvansUtah Supreme Court · 1921