Kelly v. Houghton
Wisconsin Supreme Court
APPEAL from the County Court of Winnebago County. Action to recover the sum of $15 loaned to the defendant. The answer admits the loan and sets up a counterclaim for services rendered to the plaintiff to the amount of $93, in defending him against charges preferred against him in a secret society. The evidence and instructions to the jury sufficiently appear from the opinion.
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APPEAL from the County Court of Winnebago County. Action to recover the sum of $15 loaned to the defendant. The answer admits the loan and sets up a counterclaim for services rendered to the plaintiff to the amount of $93, in defending him against charges preferred against him in a secret society. The evidence and instructions to the jury sufficiently appear from the opinion. There was a verdict for the plaintiff for $15 and interest, and from the judgment entered thereon the defendant appealed.
1Opinion of the CourtCole, C. J.
We fail to see any error in this case which should reverse the judgment. Eor the purposes of the action the plaintiff admitted that the defendant rendered the professional services set forth in the counterclaim, and that they were worth the sum claimed for them; but he said that the services were gratuitous^ rendered. Whether they were or not was the real issue litigated on the trial. Now, on that issue the proposed testimony of Mr. Felher that he had been paid for professional services rendered in secret societies in the city of Oshkosh had no relevancy whatever; nor would the fact, if…
2Cases cited1 opinion
- Lela v. DomaskeWisconsin Supreme Court · 1880
3Cited by7 opinions
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- Link v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1891
- Fieldhouse Landscape, Inc. v. GentileWisconsin Supreme Court · 1961
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