Dressler v. Davis
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. Dressier sued the defendants, Davis, Glarh, and Stone, before a justice of the. peace, for injuries caused by the negligent driving of a wagon along a public street, in the city of Milwaukee, demanding, in bis complaint, judgment for one hundred dollars. Trial before the justice, and judgment for the plaintiff, from which the defendants appealed to the county court.
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APPEAL from the County Court of Milwaukee County. Dressier sued the defendants, Davis, Glarh, and Stone, before a justice of the. peace, for injuries caused by the negligent driving of a wagon along a public street, in the city of Milwaukee, demanding, in bis complaint, judgment for one hundred dollars. Trial before the justice, and judgment for the plaintiff, from which the defendants appealed to the county court. Upon the case being called in that court, the plaintiff, by leave of the court, and with the consent of the defendants, amended his complaint, by alleging his damages at two…
1Opinion of the Court
By ike Court,
Dixon, C. J.
The cases cited by the respondent’s counsel, (19 John., 276; 5 Wend., 139; and 7 id., 229,) fully establish the law of New York" under the former statutes of that state to have been, that upon an appeal to the court of common pleas from the judgment of a justice of the peace, the plaintiff, if the justice of his case required it, was entitled to recover in that court a judgment larger in amount than the sum over which the justice had jurisdiction, *60and exceeding the amount of damages claimed in his declaration. The reason assigned, in 19 John., 276, was, that the…
2Cases cited2 opinions
- Jackson v. CovertNew York Supreme Court · 1830
- Palmer v. WylieNew York Supreme Court · 1822
3Cited by9 opinions
- State v. PrestonWisconsin Supreme Court · 1874
- Richardson v. ChynowethWisconsin Supreme Court · 1870
- Hall v. HallMassachusetts Supreme Judicial Court · 1908
- Vidger v. NolinNorth Dakota Supreme Court · 1901
- Deck v. SmithNebraska Supreme Court · 1882
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