De Wit v. Lander
Wisconsin Supreme Court
APPEAL from the Circuit Court for Brown County. This action was commenced in a justice’s court to recover the sum of $11 for work and labor done and performed by the plaintiff for the defendant and. at his request. The defendant pleaded in abatement that the cause of action belonged jointly to the plaintiff and another as copartners.
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APPEAL from the Circuit Court for Brown County. This action was commenced in a justice’s court to recover the sum of $11 for work and labor done and performed by the plaintiff for the defendant and. at his request. The defendant pleaded in abatement that the cause of action belonged jointly to the plaintiff and another as copartners. He also pleaded to the merits, (1) a general denial; and (2) a counterclaim for damages by reason of the unskilful manner in which such work ivas performed. The services in question were performed by the plaintiff as a night scavenger. The issues were tried…
1Opinion of the CourtLyon, J.
1. The undisputed evidence given before the justice proves that the contract in suit was made by the plaintiff for and on behalf of himself and one Wickles, who was his partner, and the cause of action belonged to them jointly as such partners. The issue made by the plea in abatement should therefore have been found for the defendant. This error alone is fatal to the judgment.
2. The judgment is erroneous for another reason. An ordinance of the city of Green Bay (in which city such wwk was performed), in force w-hen the contract was entered into, prohibited any person from exercising the…
2Cases cited5 opinions
- Melchoir v. McCartyWisconsin Supreme Court · 1872
- Troewert v. DeckerWisconsin Supreme Court · 1881
- Wells v. McGeochWisconsin Supreme Court · 1888
- Walsch v. CallWisconsin Supreme Court · 1873
- Wold v. OrdwayWisconsin Supreme Court · 1887
3Cited by8 opinions
- Payne v. VolkmanWisconsin Supreme Court · 1924
- National Surety Company v. Kansas City Hydraulic Press Brick Co.Supreme Court of Kansas · 1906
- Karp v. Coolview of Wisconsin, Inc.Wisconsin Supreme Court · 1964
- Union Trust Co. of Maryland v. RodemanWisconsin Supreme Court · 1936
- Anderson v. AndersonWisconsin Supreme Court · 1972
3 more not listed; retrieve them via the Exa API.