Schierl v. Baumel
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jackson County. The following statement of the case was prepared by Mr. Justice Cassoday: This action was commenced in justice’s court. In his complaint the plaintiff alleged, in effect, that the defendant was indebted to him on an account for goods, wares, and merchandise sold and delivered to the defendant, at his special instance and request, November, 10, 1884, in the sum of $75.33, according to the account thereunto annexed.
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APPEAL from the Circuit Court for Jackson County. The following statement of the case was prepared by Mr. Justice Cassoday: This action was commenced in justice’s court. In his complaint the plaintiff alleged, in effect, that the defendant was indebted to him on an account for goods, wares, and merchandise sold and delivered to the defendant, at his special instance and request, November, 10, 1884, in the sum of $75.33, according to the account thereunto annexed. The plaintiff obtained judgment in the justice’s court by the default of the defendant. Thereupon the defendant appealed to the…
1Opinion of the CourtCassoday, J.
Upon the trial the court held that the defendant had the affirmative of the issue presented. Thereupon the defendant gave evidence to the effect that the plaintiff called' upon him and requested payment of the amount of his bill; that he had not the money at the time, and thereupon informed the plaintiff that he had a contract with Darwin to get in logs for him from the land of Davidson; that there was a large amount due him upon the contract, and that he- claimed a lien upon the logs *71therefor; that the plaintiff then stated that if they owed the defendant anything he would accept an order…
2Cases cited11 opinions
- Thornton v. WynnSupreme Court of the United States · 1827
- Tebbetts & Pearce v. DowdNew York Supreme Court · 1840
- Trimble v. ThorneNew York Supreme Court · 1819
- Ross v. . HurdNew York Court of Appeals · 1877
- Corbett v. ClarkWisconsin Supreme Court · 1878
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3Cited by3 opinions
- Westberg v. Chicago Lumber & Coal Co.Wisconsin Supreme Court · 1903
- Quinn v. Catholic KnightsTennessee Supreme Court · 1897
- State Bank of St. Johns v. McCabeMichigan Supreme Court · 1904