Mock v. Erdmann
Wisconsin Supreme Court
APPEAL from tbe County Court of Milwaukee County. Action before a justice, to recover damages for alleged injuries to a carriage hired of the plaintiffs by the defendants.
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APPEAL from tbe County Court of Milwaukee County. Action before a justice, to recover damages for alleged injuries to a carriage hired of the plaintiffs by the defendants. The cause of action stated in the complaint is, “ that the defendants, not regarding their duty in that behalf, so carelessly, improperly and negligently used and drove the horse and vehicle of the plaintiffs, that, on account of their carelessness and negligence and improper conduct, the said vehicle was torn, broken and injured, to the plaintiffs’ damage of seventy-five dollars.” The justice rendered a judgment of…
1Opinion of the CourtCole, J.
This cause was commenced in a justice’s court. On the trial, after the plaintiffs closed their case, the defendants moved for a nonsuit, which was granted by the justice. The plaintiffs then appealed to the county court, but omitted to file the necessary affidavit as to the amount of their claim, so as to secure a trial de novo in that court. The cause was therefore tried in the county court on the original papers and the return of the justice; and judgment was rendered in favor of the plaintiffs for $70, and costs. The first objection taken to this judgment here is, that the county court had…
2Cases cited3 opinions
- Carney v. DoyleWisconsin Supreme Court · 1861
- Dykens v. MunsonWisconsin Supreme Court · 1853
- Phillips v. GeeslandWisconsin Supreme Court · 1849
3Cited by1 opinion
- Detling v. WeberWisconsin Supreme Court · 1872