Gummer v. Trustees of Omro
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outagamie County. Plaintiff appealed from an order. The case is stated in the opinion; and the form of the'judgment therein referred to is sufficiently stated in the second proposition of the syllabus, sugira.
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APPEAL from the Circuit Court for Outagamie County. Plaintiff appealed from an order. The case is stated in the opinion; and the form of the'judgment therein referred to is sufficiently stated in the second proposition of the syllabus, sugira. They contended, 1. That at common law a nonsuit was entered if plaintiff neglected to bring on the issues to be tried, or if, his case being before the court for trial, he neglected to appear, or to produce evidence on which the jury could find a.verdict; that in all these cases a nonsuit was involuntary; that the plaintiff, however, could in all cases…
1Opinion of the CourtOetos, J.
This is an appeal from an order'of the circuit court overruling a demurrer to the second defense stated in the answer. This defense sets up a judgment of nonsuit in a former action between the same parties, and for the same cause of action, in bar of this suit. The statement in the answer of the proceedings in the former action, any further than that the nonsuit was granted by the court, on the trial without a jury, after the plaintiff had closed liis evidence, on motion of the defendant, need not be recited, because it does not change the effect of the judgment. Nor does the peculiar and…
2Cases cited5 opinions
- Audubon v. . Excelsior Insurance CompanyNew York Court of Appeals · 1863
- Elwell v. M'QueenNew York Supreme Court · 1833
- Coit v. BeardNew York Supreme Court · 1861
- Bevan v. Insurance Co.Supreme Court of Pennsylvania · 1844
- Levy v. SimmonsSupreme Court of Georgia · 1871
3Cited by12 opinions
- Keane v. Pittsburg Lead Mining Co.Idaho Supreme Court · 1909
- Benware v. Town of Pine ValleyWisconsin Supreme Court · 1881
- Ordway v. Boston & Maine RailroadSupreme Court of New Hampshire · 1898
- Carroll v. Grande Ronde Electric Co.Oregon Supreme Court · 1907
- Craver v. ChristianSupreme Court of Minnesota · 1885
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