Muckey v. Pierce
Wisconsin Supreme Court
This was an action of assumpsit commenced by the defendant in error against the plaintiff in error before a justice of the peace. Judgment was rendered in favor of the plaintiff below for the sum of 176.15 damages, and costs. From this judgment, rendered October 25th, 1851, the defendant below appealed to the County Court.
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This was an action of assumpsit commenced by the defendant in error against the plaintiff in error before a justice of the peace. Judgment was rendered in favor of the plaintiff below for the sum of 176.15 damages, and costs. From this judgment, rendered October 25th, 1851, the defendant below appealed to the County Court. At the January term of the County Court, the plaintiff below, by his attorney, moved the court to dismiss the appeal, for the reason that pending the appeal, and after the same was entered in the County Court, the parties to the said cause, had agreed to submit the matters…
1Opinion of the Court
By the Court,
Whiton, C. J.
It appears by the bill of exceptions in this case that Pierce made a motion to dismiss the appeal, founded on affidavit setting forth that the matters in dispute between the parties had been submitted to arbitrators, after the cause had been taken to the County Court by appeal from the judgment rendered by the justice. It further appears that the court sustained the motion and dismissed the appeal.
There is no doubt that the submission of a cause to arbitrators by the parties, has the effect to discontinue or dismiss it. The reason is, that the parties have chosen…
2Cited by7 opinions
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- Travelers Insurance v. Pierce Engine Co.Wisconsin Supreme Court · 1909
- Kansas City, Ft. Scott & Gulf Rld. v. HammondSupreme Court of Kansas · 1881
- Sohns v. SlotemanWisconsin Supreme Court · 1893
- Bigelow v. GossWisconsin Supreme Court · 1856
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