Nichols v. City of Superior
Wisconsin Supreme Court
Appeal from a judgment of the circuit court'for Douglas, county: A. J. Yinje, Circuit Judge. This action was brought to recover about $17,000 for-labor performed and materials furnished by the firm of For-restal Bros, in the construction of certain sewers and city improvements in the city of Sttjperior, under the terms of several contracts with the city, the claims having been assigned by Forrestal Bros, to the Bank of West Superior, of which bank the plaintiff is the…
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Appeal from a judgment of the circuit court'for Douglas, county: A. J. Yinje, Circuit Judge. This action was brought to recover about $17,000 for-labor performed and materials furnished by the firm of For-restal Bros, in the construction of certain sewers and city improvements in the city of Sttjperior, under the terms of several contracts with the city, the claims having been assigned by Forrestal Bros, to the Bank of West Superior, of which bank the plaintiff is the assignee under a voluntaiy assignment. A counterclaim for damages for hot completing the work was interposed by the city. The…
1Opinion of the CourtWinslow, J.
In order to entitle this court to review findings of fact of the trial court, it is absolutely essential that exceptions thereto be incorporated in the bill of exceptions. This proposition has been so frequently announced that it seems like an affectation of learning to cite authorities. Stats. 1898, sec. 2870; Cramer v. Hanaford, 53 Wis. 85; Lederer v. Estate of Kohn, 100 Wis. 662. Nor will a paper purporting to contain exceptions, filed with the clerk and returned with the record but not incorporated in the bill, answer the purpose. Newton v. Williams, 94 Wis. 222. In the present case there…
2Cases cited3 opinions
- Cramer v. HanafordWisconsin Supreme Court · 1881
- Newton v. WilliamsWisconsin Supreme Court · 1896
- Lederer v. Estate of KohnWisconsin Supreme Court · 1898
3Cited by3 opinions
- Smith Sand & Gravel Co. v. CorbinWashington Supreme Court · 1918
- City of Shawano v. CayouetteWisconsin Supreme Court · 1907
- Dickey v. PughWisconsin Supreme Court · 1901