Crocker v. Currier
Wisconsin Supreme Court
APPEAL from the Circuit Court for Glarh County. Appeal by tbe defendant from a judgment against him, in an action to enforce a statutory lien for the price of materials furnished and labor performed by the plaintiffs in the erection of a dwelling-house for the defendant. No question is raised on the pleadings. The cause being at issue, the same was referred by the court to a referee to hear, try, and determine.
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APPEAL from the Circuit Court for Glarh County. Appeal by tbe defendant from a judgment against him, in an action to enforce a statutory lien for the price of materials furnished and labor performed by the plaintiffs in the erection of a dwelling-house for the defendant. No question is raised on the pleadings. The cause being at issue, the same was referred by the court to a referee to hear, try, and determine. A trial was had before such referee, who thereafter reported his findings of fact and conclusions of law to the court. Such findings being in favor of the plaintiffs, the defendant…
1Opinion of the CourtLyoh, J.
1. A question of practice will first be disposed of. On motion of the defendant the court sent the case to a referee to hear, try, and determine the issues therein. The order of reference recites that this was done with the consent of both parties given in open court. It is not denied that such consent was given. On the hearing before the referee, however, both parties claimed that the case was not referable under the statute, and that the referee had no jurisdiction to hear, try, and determine the issues.
The point is not well taken for two reasons: (1) Any issue in any action may be referred…
2Cases cited4 opinions
- Cornish v. Milwaukee & Lake Winnebago RailroadWisconsin Supreme Court · 1884
- Huse v. WashburnWisconsin Supreme Court · 1884
- Boynton v. SissonWisconsin Supreme Court · 1882
- McDonnell v. SchrickerWisconsin Supreme Court · 1878
3Cited by12 opinions
- Laycock v. ParkerWisconsin Supreme Court · 1899
- Dillon v. City of ClevelandOhio Supreme Court · 1927
- National Foundry & Pipe Works, Ltd. v. Oconto Water Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1892
- Duecker v. GoeresWisconsin Supreme Court · 1899
- Cole v. Custer County Agricultural, Mineral & Stock Ass'nSouth Dakota Supreme Court · 1892
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