Phillips v. Geesland
Wisconsin Supreme Court
ERROR to the late District Court for La Fayette County. Pi each of these cases, the plaintiff in his suit before the justice obtained judgment for nominal damages, and on cer-tiorari, brought to the district court, the court reversed the judgments at one term, and at another and subsequent one, assessed the damages of the plaintiff at a sum far exceeding the sum awarded by. the justice, and upon the evidence contained in' the return made by the justice ; upon the principle…
Read the full summary
ERROR to the late District Court for La Fayette County. Pi each of these cases, the plaintiff in his suit before the justice obtained judgment for nominal damages, and on cer-tiorari, brought to the district court, the court reversed the judgments at one term, and at another and subsequent one, assessed the damages of the plaintiff at a sum far exceeding the sum awarded by. the justice, and upon the evidence contained in' the return made by the justice ; upon the principle that he had the authority to give judgment “ as the very right of the matter appeared” from the return of the justice.…
1Opinion of the CourtLaRRABee, J.
Phillips recovered judgment for nominal damages and costs before the justice, in replevin, for a quan*121tity of lead ore. The cause was afterwards brought to tbe La Fayette district court, where, at the September term, 1847, this judgment was reversed. Whereupon, the then plaintiffs in error moved that judgment be rendered as the “ very right of the matter appeared.” This motion was continued for argument at the next term, when judgment was rendered for the plaintiff for $37.00, the value of the ore as proved before the justice, and costs of suit.
The record .shows two judgments in the district…
2Cited by1 opinion
- Mock v. ErdmannWisconsin Supreme Court · 1871