Ladd v. Witte
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: OReeh T. Williams, Judge. Plaintiff, a physician and surgeon, brought this action in. justice court to recover for services in performing an operation upon the defendant’s newly-born imperfect child, alleging such services to be reasonably worth $50. After judgment in favor of the defendant, and appeal by plaintiff to-the superior court, he was permitted to amend “so as to make his claim $100 and interest.”
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Appeal from a judgment of the superior court of Milwaukee county: OReeh T. Williams, Judge. Plaintiff, a physician and surgeon, brought this action in. justice court to recover for services in performing an operation upon the defendant’s newly-born imperfect child, alleging such services to be reasonably worth $50. After judgment in favor of the defendant, and appeal by plaintiff to-the superior court, he was permitted to amend “so as to make his claim $100 and interest.” Defendant was permitted to-amend his answer by adding a 'counterclaim for $5,000,. based on allegation of representations…
1Opinion of the CourtDodge, J.
The respondent objects to the jurisdiction of this court by reason of a failure of jurisdiction in the circuit court over the appeal from the justice of the peace. The objection is that such appeal was ineffectual because of the affidavit of good faith, which was in the following words:
“G. B. Ladd,, the above-named plaintiff and appellant, being duly sworn, on oath says that the appeal in the above-entitled action is made in good faith, and not for the purpose of delay, and that he is the defendant above named.”
That affidavit was signed and sworn to by Mr. Ladd, the appellant. The objection…
2Cases cited11 opinions
- The ConquerorSupreme Court of the United States · 1897
- Head v. HargraveSupreme Court of the United States · 1882
- Wood v. BarkerMichigan Supreme Court · 1882
- Richardson v. TysonWisconsin Supreme Court · 1901
- Wurdemann v. BarnesWisconsin Supreme Court · 1896
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Cotnam v. WisdomSupreme Court of Arkansas · 1907
- Larscheid v. KittellWisconsin Supreme Court · 1910
- Tullgren v. KargerWisconsin Supreme Court · 1921
- Holsapple v. ScofieldWisconsin Supreme Court · 1922
- Cowles v. City of NeillsvilleWisconsin Supreme Court · 1909
4 more not listed; retrieve them via the Exa API.