Knips v. Stefan
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ashland County. The case is thus stated by Mr. Justice Tayloe: “ This action was commenced in a justice’s court. Plaintiff claimed in his complaint for a balance due Mm of $50 on an account for beer sold to the defendants.
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APPEAL from the Circuit Court for Ashland County. The case is thus stated by Mr. Justice Tayloe: “ This action was commenced in a justice’s court. Plaintiff claimed in his complaint for a balance due Mm of $50 on an account for beer sold to the defendants. The account was for thirty kegs of beer sold to the defendants September 20,1873, $75. Credit by cash, July 13, 1874, $25. Balance due, $50. Interest at 7 per cent., $8.75. The defendants answered that they had paid the amount due. Judgment was rendered in favor of the defendants in the justice’s court, and plaintiff appealed to the circuit…
1Opinion of the CourtTatloe, J.
The case comes here upon the record in the court below; and the only question presented for the consideration of this court is, whether the court erred in granting the order referring the action for trial against the objection of the defendants.
It is urged by the counsel for the respondent, that the appellants have not been prejudiced by the order, and therefore the judgment should be affirmed, although the action was not referable. This ground is taken upon the supposition that the defendants have not pleaded to the merits, and have therefore admitted the plaintiff’s right to recover. We…
2Cases cited8 opinions
- Carpenter v. ShepardsonWisconsin Supreme Court · 1877
- Cairns v. O'BlenessWisconsin Supreme Court · 1876
- Armstrong v. GibsonWisconsin Supreme Court · 1872
- Yates v. FrenchWisconsin Supreme Court · 1870
- Gilbank v. StephensonWisconsin Supreme Court · 1872
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Ellison v. StrawWisconsin Supreme Court · 1903
- Hewitt v. FollettWisconsin Supreme Court · 1881
- State Ex Rel. Universal Processing Services, LLC v. Circuit Court of Milwaukee CountyWisconsin Supreme Court · 2017
- Killingstad v. MeigsWisconsin Supreme Court · 1911
- Gettings v. BuchananMontana Supreme Court · 1896
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