Campbell v. Babbitts
Wisconsin Supreme Court
APPEAL from the County Court of Winnebago County. The case is thus stated by Mr. Justice Tatloe: “This action was commenced in justice’s court. In that court a jury trial was had. The jury returned a verdict in favor of the defendant for six cents damages, upon his counterclaim set out in bis answer, and judgment was rendered for costs against the plaintiffs.
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APPEAL from the County Court of Winnebago County. The case is thus stated by Mr. Justice Tatloe: “This action was commenced in justice’s court. In that court a jury trial was had. The jury returned a verdict in favor of the defendant for six cents damages, upon his counterclaim set out in bis answer, and judgment was rendered for costs against the plaintiffs. The plaintiffs appealed to the county court of Winnebago county, but made no affidavit to entitle them to a new trial in that court. The case was tried in the county court upon the return made by the justice, and judgment was rendered in…
1Opinion of the CourtTaylor, J.
It will be seen, from an examination of the proceedings and evidence returned to the county court by the1 justice, that the plaintiffs claimed $50.95, and if they had recovered upon the merits they would have been entitled tó recover that sum. In their appeal to the county court they make no affidavit for a new trial, and ask the appellate court to reverse the judgment of the justice’s court for errors appearing in the record, or because the verdict and judgment in that court were not supported by the evidence. An appeal from a justice’s judgment, when the judgment against the appellant is…
2Cases cited4 opinions
- Bennett v. ChildWisconsin Supreme Court · 1865
- Martin v. BeckwithWisconsin Supreme Court · 1856
- Hassa v. JungerWisconsin Supreme Court · 1862
- Persons' Adm's. v. BurdickWisconsin Supreme Court · 1858
3Cited by5 opinions
- Neave v. ArntzWisconsin Supreme Court · 1882
- Johnson v. BorsonWisconsin Supreme Court · 1890
- Pointer v. JonesWyoming Supreme Court · 1906
- Donner v. GenzWisconsin Supreme Court · 1906
- West v. Vanden BrookWisconsin Supreme Court · 1888