University of Notre Dame du Lac v. Shanks
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The complaint contains two counts. The first alleges “ that the defendant is indebted to the plaintiff on an account for the work, labor and services of said plaintiff, its officers and servants, performed at the request of said defendant, between the fourth day of September, 1869, and the third day of October, 1872, in instructing the minor child of said defendant, to wit, Joseph Shanks, in various useful branches of…
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APPEAL from the Circuit Court for Milwaukee County. The complaint contains two counts. The first alleges “ that the defendant is indebted to the plaintiff on an account for the work, labor and services of said plaintiff, its officers and servants, performed at the request of said defendant, between the fourth day of September, 1869, and the third day of October, 1872, in instructing the minor child of said defendant, to wit, Joseph Shanks, in various useful branches of learning, and for books, pajiers and other necessary things furnished by this plaintiff in and about said work at the like…
1Opinion of the CourtRyan, C. J.
The criticisms made by the learned counsel for the appellant upon the complaint and upon the notice to take depositions, if well founded, could not affect any substantial right of the appellant; and should therefore be disregarded upon appeal from the judgment. Bonnell v. Gray, 36 Wis., 574.
The exception to each and every part of the charge of the court below is unavailing to the appellant; parts of the charge not being questioned, and being manifestly correct. Nisbet v. Gill, 38 Wis., 657.
The objection to the competency of the depositions, made first upon the trial, came too late. Sec. 2,…
2Cases cited2 opinions
- Bonnell v. GrayWisconsin Supreme Court · 1875
- Nisbet v. GillWisconsin Supreme Court · 1875
3Cited by4 opinions
- Black v. City of LewistonIdaho Supreme Court · 1887
- Gillett v. Wisconsin Cooperage Co.Wisconsin Supreme Court · 1878
- Hall v. City of Fond du LacWisconsin Supreme Court · 1877
- Cayouette v. Emil T. Raddant Brewing Co.Wisconsin Supreme Court · 1908