Donner v. Genz
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Lincoln county: W. 0. SilvbetiioeN, Circuit Judge. This is an action to recover the balance due for certain logs sold by the plaintiff to the defendant. The action was commenced in county court, having jurisdiction of a justice of the peace, and there prosecuted to judgment. An appeal taken to the circuit court was determined upon the record returned from the county court.
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Appeal from a judgment of the circuit court for Lincoln county: W. 0. SilvbetiioeN, Circuit Judge. This is an action to recover the balance due for certain logs sold by the plaintiff to the defendant. The action was commenced in county court, having jurisdiction of a justice of the peace, and there prosecuted to judgment. An appeal taken to the circuit court was determined upon the record returned from the county court. The evidence tends to establish the following as facts: An agreement was made between the parties for the sale of logs lying in plaintiff’s woods at $5 per M.j the logs to be…
1Opinion of the Court
The following opinion was filed June 21, 1906:
SiebecKER, J.
Error is assigned upon the ground that cne evidence is not sufficient to sustain plaintiff’s cause of action. Nespondent argues that the answer contains no denial of plaintiff’s cause of action, and that judgment should have *247been awarded upon such, default for the amount claimed. The record discloses that the county court held that the answer sufficiently alleged a denial of plaintiff’s claim, and the circuit court apparently so treated it or deemed the pleading amended to conform to the evidence actually presented. We find nothing in…
2Cases cited3 opinions
- Gill v. RiceWisconsin Supreme Court · 1861
- Packard v. Kinzie Avenue Heights Co.Wisconsin Supreme Court · 1900
- Coe v. RockmanWisconsin Supreme Court · 1906
3Cited by3 opinions
- Estate of SchaeferWisconsin Supreme Court · 1952
- Brunkow v. WatersWisconsin Supreme Court · 1907
- Luckow v. BoettgerWisconsin Supreme Court · 1909