Hartel v. Kite
Wisconsin Supreme Court
APPEAL from the Comity Court of Doclga County. The following statement of the case was prepared by Mr. Justice Taylor as a part of the opinion: The respondent commenced an action in justice’s court against the appellant to recover a small sum alleged to be due him for work and labor.
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APPEAL from the Comity Court of Doclga County. The following statement of the case was prepared by Mr. Justice Taylor as a part of the opinion: The respondent commenced an action in justice’s court against the appellant to recover a small sum alleged to be due him for work and labor. On the return day of summons, the parties appeared, and the plaintiff made his complaint orally, alleging that the defendant was indebted to-him in the sum of $9.43 for work and labor done and performed by the plaintiff for said defendant and at his request, during the fall of 1884 and -winter of 1885, and…
1Opinion of the CourtTaylob, J.
The only important question in the case is whether the justice’s court erred in hearing the evidence of *399the defendant as to his counterclaim on the adjourned day, when the plaintiff failed to appear in the action, and rendering judgment in favor of the defendant on such counterclaim. We think it very clear that the only judgment the justice could legally render in the action, upon the default of the plaintiff, was a judgment of nonsuit, with costs in favor of the defendant. A justice’s court acquires its jurisdiction from the statute, and, when the statute explicitly directs what must be done…
2Cases cited2 opinions
- Norris v. BleakleyNew York Court of Common Pleas · 1856
- Williams v. BitnerNew York Supreme Court · 1869
3Cited by1 opinion
- Bacher v. GrayWisconsin Supreme Court · 1901