Jones v. Foster
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jacltson County. The case is thus stated by Mr. Justice Cassoday: “ This action was commenced in the circuit court for Jackson county in July, 1881, against the defendants jointly, upon a contract made by the defendant Foster alone, and which the defendant Richardson assumed and agreed to perform.
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APPEAL from the Circuit Court for Jacltson County. The case is thus stated by Mr. Justice Cassoday: “ This action was commenced in the circuit court for Jackson county in July, 1881, against the defendants jointly, upon a contract made by the defendant Foster alone, and which the defendant Richardson assumed and agreed to perform. The defendants answered jointly, and the cause was tried, and a verdict and judgment rendered in favor of the plaintiffs at the September term, 1881. At the same term of the court the verdict and judgment were set aside, and a new trial ordered. In January, 1882,…
1Opinion of the CourtCassoday, J.
Two trials of the cause having been had prior to the application for removal, it was manifestly not made “ before or at the term at which said cause could ” have been “first tried,” within the meaning of the third section of ch. 137, March 3, 1875 (1 Supp. R. S. of U. S. 174). This is conceded by counsel for the appellant. It is claimed, however, that the application was not too late to remove the cause under the second and third subdivisions of see. 639, R. S. of U. S. This court has recently held that the second subdivision of that section, which authorized a removal merely on the ground of…
2Cases cited8 opinions
- Bronson v. SchultenSupreme Court of the United States · 1882
- Insurance Co. v. DunnSupreme Court of the United States · 1874
- King v. CornellSupreme Court of the United States · 1882
- Vannevar v. BryantSupreme Court of the United States · 1874
- Bible Society v. GroveSupreme Court of the United States · 1880
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