Hobby v. Wisconsin Bank of Madison
Wisconsin Supreme Court
ERROR to the County Court for Dane County. This action was commenced in a justice’s court to recover, a sum alleged to have been received by the defendant upon the sale of a note and mortgage belonging to the plaintiff, in excess of the amount which it was alleged that the note was deposited with defendant to secure. The defendant claimed to have purchased the note and mortgage.
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ERROR to the County Court for Dane County. This action was commenced in a justice’s court to recover, a sum alleged to have been received by the defendant upon the sale of a note and mortgage belonging to the plaintiff, in excess of the amount which it was alleged that the note was deposited with defendant to secure. The defendant claimed to have purchased the note and mortgage. When the cause came on for trial, both parties appearing, an application was made for an adjournment, and before the order for that purpose was made, the deposition of Marian L. Hobby, a witness for the plaintiff then…
1Opinion of the Court
*169By the Court,
DlXON, O. J.
The deposition of the witness Marian L. Hobby should have been received. It was taken pursuant to section 75, chap. 120, E. S., and used without exception on the trial before the justice. The return of the justice shows this, and the objection that there was no certificate in the form prescribed for other depositions, if that was necessary, was waived. The statute is in these words: “The justice before whom any civil cause is pending may, on any day on which a trial may be had, after an application has been made for an adjournment and before making an order for an…
2Cases cited1 opinion
- Birdsall v. DunnWisconsin Supreme Court · 1862
3Cited by3 opinions
- Meek v. PierceWisconsin Supreme Court · 1865
- Weisbrod v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1864
- Blabon v. GilchristWisconsin Supreme Court · 1886