Silvernail v. Rust
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waukesha County. This action originated in justice’s court, plaintiff claiming •that the defendant had purchased of him a quantity of belting, agreeing to pay therefor the sum of $5, which he had refused to pay, and to recover which he brought suit.
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APPEAL from the Circuit Court for Waukesha County. This action originated in justice’s court, plaintiff claiming •that the defendant had purchased of him a quantity of belting, agreeing to pay therefor the sum of $5, which he had refused to pay, and to recover which he brought suit. The defendant denied the purchase of the belting, and alleged that at the time in question he bought from the plaintiff, upon trial, a feed cutter, horse-power, and belt, and that he was to pay the sum of $80 therefor provided it worked well; that it did not work properly, and the defendant settled for the said…
1Opinion of the Court
Pinnkv, ,T.
1. The failure of the court to decide the ca.se at the term at which it was heard did not work a discontinuance or deprive the court of jurdsdiction to decide it at a subsequent term, or even in vacation. S. & B. Ann. Stats, sec. 2422«. Resides, the delay was the act of the court, and should not be allowed to operate to the prejudice. of either party.
2. The act amending sec. 3769, R. S. [Laws of 1891, ch. 216], applicable to the hearing' of appeals in the circuit court in cases such as this, providing that, “upon the hearing of the appeal where there is no new trial in the…
2Cited by6 opinions
- Chapleau v. Manhattan Oil Co.Wisconsin Supreme Court · 1922
- Brunkow v. WatersWisconsin Supreme Court · 1907
- Smith v. NortonWisconsin Supreme Court · 1902
- Luckow v. BoettgerWisconsin Supreme Court · 1909
- James v. WoerpelWisconsin Supreme Court · 1920
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