Neave v. Arntz
Wisconsin Supreme Court
APPEAL from the Circuit Court for Juneau County. The case is thus stated by Mr. Justice Cassodat: “ This action was brought in justice’s court for the breach of an alleged warranty on the sale of a reaper. On the trial the justice rendered judgment for the defendant, from which the plaintiff appealed to the circuit court, but filed no affidavit that his claim exceeded $15 in amount.
Read the full summary
APPEAL from the Circuit Court for Juneau County. The case is thus stated by Mr. Justice Cassodat: “ This action was brought in justice’s court for the breach of an alleged warranty on the sale of a reaper. On the trial the justice rendered judgment for the defendant, from which the plaintiff appealed to the circuit court, but filed no affidavit that his claim exceeded $15 in amount. Defendant testified, among other things, as stated by his counsel: ‘ I said [to Neave\ I had a second-hand machine, known as the Mell Davis reaper; that it had only cut three harvests; that Davis paid $.160 for…
1Opinion of the CourtCassoday, J.
No affidavit having been made that the plaintiff’s claim exceeded the sum of $15, as required by sec. 3768, R. S., the appeal was necessarily heard on the original papers, and the return of the justice. Sec. 3767, R. S. This being so, the reversal of the justice’s judgment upon ques*176tions of fact can only be sustained upon the ground that the findings of fact in the justice’s court are clearly unsupported by the evidence. Campbell v. Babbetts, 53 Wis., 276. “A warranty,” said Lord Abingee, 0. B., “ is an express or implied statement of something which the party undertakes shall be part of a…
2Cases cited5 opinions
- Giffert v. WestWisconsin Supreme Court · 1873
- Elkins v. KenyonWisconsin Supreme Court · 1874
- Smith v. JusticeWisconsin Supreme Court · 1861
- Austin v. NickersonWisconsin Supreme Court · 1867
- Campbell v. BabbittsWisconsin Supreme Court · 1881
3Cited by8 opinions
- Larson v. Aultman & Taylor Co.Wisconsin Supreme Court · 1893
- Hoffman v. DixonWisconsin Supreme Court · 1900
- White v. StellohWisconsin Supreme Court · 1889
- McGowan v. Supreme Court of the Independent Order of ForestersWisconsin Supreme Court · 1900
- Barnes v. BurnsWisconsin Supreme Court · 1892
3 more not listed; retrieve them via the Exa API.