Moore v. Ellis
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Eau Claire county: ~W. F. Bailey, Circuit Judge. This is an action to recover the amount due -upon two promissory notes executed by the defendant to one F. A. Moore.
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Appeal from a judgment of the circuit court for Eau Claire county: ~W. F. Bailey, Circuit Judge. This is an action to recover the amount due -upon two promissory notes executed by the defendant to one F. A. Moore. There was no defense against the notes, but the answer set up a counterclaim for services rendered by the defendant to F. A. Moore for $864.61. The verdict was for the plaintiff for the amount of the notes, less $52 allowed on the counterclaim; and judgment was for the plaintiff for that sum, less $29.60 remitted by the plaintiff. Judgment was for plaintiff for $49T.90, from which…
1Opinion of the CourtNewMAN, J.
The appellant alleges three errors for which the judgment should be reversed: (1) That he was entitled to a judgment on his counterclaim for want of a reply; (2) that on the evidence he was entitled to a much greater allowance on his counterclaim; (3) that illegal costs have been taxed against !hrría.
The reply was served after the time limited for its service had expired. The time for service of a reply had been extended by an order of questionable validity. But the defendant received it without objection, and retained it. This was consent to service out of time, and a waiver of the default.
E.…
2Cases cited2 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Kearney v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
3Cited by10 opinions
- Andrews v. FriersonSupreme Court of Alabama · 1905
- Erdmann v. Mutual Insurance Co. of the Order of Herman's Sons of WisconsinWisconsin Supreme Court · 1878
- Davies v. J. D. Wilson Co.Wisconsin Supreme Court · 1957
- Ladd v. WitteWisconsin Supreme Court · 1902
- Walbridge v. BarrettMichigan Supreme Court · 1898
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