Norden v. Jones
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waupaca County. The action was originally brought by Norden before a justice of the peace, to recover on a -book account alleged to be due from Jones. Defendant filed a counterclaim, and on the trial offered to prove an item in his account of six dollars, for pasturing plaintiff’s cattle, and testified that plaintiff laid down his fence and let the cattle into the pasture.
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APPEAL from the Circuit Court for Waupaca County. The action was originally brought by Norden before a justice of the peace, to recover on a -book account alleged to be due from Jones. Defendant filed a counterclaim, and on the trial offered to prove an item in his account of six dollars, for pasturing plaintiff’s cattle, and testified that plaintiff laid down his fence and let the cattle into the pasture. Plaintiff’s counsel objected to this item as not being a subject of account, but a trespass on the part of plaintiff, which could not be proved in this form of action. The justice sustained…
1Opinion of the CourtDixon, C. J.
This case, arose in a justice’s court, where the judgment, exclusive of costs, did not exceed fifteen dollars; . and the appeal here is from a judgment of the circuit court against the defendant for the sum of $4.08 damages, besides the costs of the action. There is thus added another to the long list of examples which the records of this court afford, of that earnest devotion to principle which so strongly characterizes the people and bar of thiá state; and the case suggests that we are at least entitled to a small share of the same praise bestowed by an eminent judge of a sister state upon…
2Cases cited8 opinions
- Butts v. CollinsCourt for the Trial of Impeachments and Correction of Errors · 1834
- Rice v. KingNew York Supreme Court · 1810
- Cummings v. NoyesMassachusetts Supreme Judicial Court · 1813
- Centre Turnpike Co. v. SmithSupreme Court of Vermont · 1840
- Keyes v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1870
3 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Terry v. . MungerNew York Court of Appeals · 1890
- Western Assurance Co. v. TowleWisconsin Supreme Court · 1886
- Dowdy v. CalviArizona Supreme Court · 1912
- Fanson v. LinsleySupreme Court of Kansas · 1878
- State ex rel. American Piano Co. v. Superior CourtWashington Supreme Court · 1919
34 more not listed; retrieve them via the Exa API.