Legal Opinion

Van Patten v. Wilcox

Wisconsin Supreme Court

Decided January 15, 1873PublishedCited by 2 opinions

APPEAL from tire Circuit Court for Waupaca County. The complaint of the plaintiff alleges that “the above named defendant is indebted to him for work, labor and services done and performed by the plaintiff for the defendant at his request, from the 4th day of December, 1869, to the 28th day of January, 1871, in the sum of $793.52, and interest thereon ” from the last mentioned date. Judgment is demanded for said sum, interest and costs. The complaint was not verified.

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APPEAL from tire Circuit Court for Waupaca County. The complaint of the plaintiff alleges that “the above named defendant is indebted to him for work, labor and services done and performed by the plaintiff for the defendant at his request, from the 4th day of December, 1869, to the 28th day of January, 1871, in the sum of $793.52, and interest thereon ” from the last mentioned date. Judgment is demanded for said sum, interest and costs. The complaint was not verified. The defendant, by his answer, denied the whole of such alleged indebtedness, and interposed a counterclaim of $871.47 against…

1Opinion of the CourtEton, J.

The only question presented by this appeal for our determination is, whether the plaintiff is entitled to recover costs. If a justice of the peace had jurisdiction of the action, this question must be answered in the negative. Otherwise, if a justice had not jurisdiction thereof. Tay. Stats., 1531, § 54, subdivision 3.

1st. If the action is founded upon an account, within the meaning of the statute (Tay. Stats., 1353, § 9), then a justice of the peace had not jurisdiction thereof, because the plaintiff proved a claim or account against the defendant exceeding $500, as appears by the report of…

2Cited by2 opinions

  1. Power v. RockwellWisconsin Supreme Court · 1876
  2. French v. KeatorWisconsin Supreme Court · 1881

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