United States Rolling Stock Co. v. Johnston
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The following statement of the case was prepared by Mr. Justice Taylob as a part of the opinion: This action was brought to recover for the use of certain rolling stock, cars, engine, etc., for the use of which it is alleged the defendants agreed to pay; also for repairs upon said stock, which it is alleged said defendants also agreed to pay for; and for damages in not returning said rolling stock to the plaintiff in good…
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APPEAL from the Circuit Court for Milwaukee County. The following statement of the case was prepared by Mr. Justice Taylob as a part of the opinion: This action was brought to recover for the use of certain rolling stock, cars, engine, etc., for the use of which it is alleged the defendants agreed to pay; also for repairs upon said stock, which it is alleged said defendants also agreed to pay for; and for damages in not returning said rolling stock to the plaintiff in good repair, as it is alleged defendants were bound to do by their compact with the plaintiff. The amounts for which judgment…
1Opinion of the CourtTatloe, J.
The appellants claim that the circuit court had no power to review the order of December 12, 1885, after the term at which it was made ■ had expired, without the consent of the parties thereto; and they further claim that, under the stipulation made, the only power given to the court in reviewing such order was to decide, whether the case made by the pleadings in the action was one which might, in the discretion of the court, be referred for trial to a referee under the provisions of sec. 2864, B. S., and that the power of the court to use its discretion in referring or not referring the…
2Cases cited11 opinions
- Welsh v. . DarraghNew York Court of Appeals · 1873
- Carpenter v. ShepardsonWisconsin Supreme Court · 1877
- Cairns v. O'BlenessWisconsin Supreme Court · 1876
- County Board of Supervisors v. DunningWisconsin Supreme Court · 1866
- Gilbank v. StephensonWisconsin Supreme Court · 1872
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Littlejohn v. Regents of the University of WisconsinWisconsin Supreme Court · 1888
- Brillion Lumber Co. v. BarnardWisconsin Supreme Court · 1907
- Briggs v. HilesWisconsin Supreme Court · 1891