Donner v. Genz
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Lincoln county: W. 0. SilvbetiioeN, Circuit Judge. This is an action to recover the balance due for certain logs sold by the plaintiff to the defendant. The action was commenced in county court, having jurisdiction of a justice of the peace, and there prosecuted to judgment. An appeal taken to the circuit court was determined upon the record returned from the county court.
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Appeal from a judgment of the circuit court for Lincoln county: W. 0. SilvbetiioeN, Circuit Judge. This is an action to recover the balance due for certain logs sold by the plaintiff to the defendant. The action was commenced in county court, having jurisdiction of a justice of the peace, and there prosecuted to judgment. An appeal taken to the circuit court was determined upon the record returned from the county court. The evidence tends to establish the following as facts: An agreement was made between the parties for the sale of logs lying in plaintiff’s woods at $5 per M.j the logs to be…
1Opinion
The appellant moved for á rehearing, and the following opinion was filed October 9, 1906:
Pee Oueeui.
We find no support for the contention that this court in cases of appeal to circuit courts, where the case is tried on the record of the justice of the peace before whom the original trial was had, is not governed by the rule expressed in the opinion, to the effect that since the findings of facts of the circuit court are not against the clear preponderance of the evidence they cannot be disturbed. PTone *248of the cases cited (Campbell v. Babbitts, 53 Wis. 276, 10 N. W. 400; Hassa v. Junger, 15…
2Cases cited8 opinions
- Snyder v. WrightWisconsin Supreme Court · 1861
- Ely v. DailyWisconsin Supreme Court · 1876
- Johnson v. GoultWisconsin Supreme Court · 1900
- Murphy v. DunningWisconsin Supreme Court · 1872
- Fintel v. CookWisconsin Supreme Court · 1894
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