Gorman v. Ball
Wisconsin Supreme Court
ERROR to the Circuit Court for Racine County. The action in the circuit court was brought by Ball to recover $165 (with interest), as the contract price of a reaper and mower, sold by Mm to Gorman. Complaint not verified. After tbe time to answer expired, tbe plaintiff’s attorney filed tbe defendant’s written order upon wbicb tbe machine was furnished, and an affidavit of no answer, &c.
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ERROR to the Circuit Court for Racine County. The action in the circuit court was brought by Ball to recover $165 (with interest), as the contract price of a reaper and mower, sold by Mm to Gorman. Complaint not verified. After tbe time to answer expired, tbe plaintiff’s attorney filed tbe defendant’s written order upon wbicb tbe machine was furnished, and an affidavit of no answer, &c. Judgment was thereupon entered by tbe clerk in favor of tbe plaintiff for tbe amount named in tbe complaint. In his return to tbe writ of error, tbe clerk, after certifying that tbe foregoing are all tbe…
1Opinion of the Court
By the Oourt,
PAINE, J.
The counsel for the plaintiff in error is mistaken in supposing that the decision of this court in Wells v. Morton, 10 Wis., 468, held that clerks of the circuit courts are clothed with any judicial power, or become tribunals of inferior jurisdiction, subject to the principles applicable to that class of tribunals. On the contrary, the decision of the majority was based upon the assumption that judgments entered by the clerk in vacation, under the statute, are to be held and regarded as the judgments of the court, as much so as though entered in term time. This renders…
2Cases cited2 opinions
- Wells v. MortonWisconsin Supreme Court · 1860
- Thompson v. HaskellIllinois Supreme Court · 1859
3Cited by7 opinions
- Wisconsin Public Service Corp. v. KristWisconsin Supreme Court · 1981
- Bonnell v. GrayWisconsin Supreme Court · 1875
- Egan v. SengpielWisconsin Supreme Court · 1879
- Frankfurth v. AndersonWisconsin Supreme Court · 1884
- Glassner v. Medical Realty, Inc.Wisconsin Supreme Court · 1964
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