James v. Woerpel
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Iowa county: George Clementson, Circuit Judge. In justice’s court the plaintiff commenced this action upon two causes of action: one for damages claimed to have been done to his automobile while it was in defendant’s care and custody in a barn near defendant’s garage in Dodgeville, and the other for the failure thereafter to return such car to plaintiff upon his demand.
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Appeal from a judgment of the circuit court for Iowa county: George Clementson, Circuit Judge. In justice’s court the plaintiff commenced this action upon two causes of action: one for damages claimed to have been done to his automobile while it was in defendant’s care and custody in a barn near defendant’s garage in Dodgeville, and the other for the failure thereafter to return such car to plaintiff upon his demand. Defendant denied liability, and evidence was received on both sides. The justice of the peace, there being no jury trial, found for defendant on both causes of action. The…
1Opinion of the CourtEschweiler, J.
The plaintiff upon his appeal to the circuit court filed no affidavit under sec. 3768, Stats., for a trial de novo. This made it imperative upon the circuit court to give judgment according to the weight of the evidence and the justice of the case without regard to the finding of the justice and upon the return. Sec. 3769, Stats.; Silvernail v. Rust, 88 Wis. 458, 460, 60 N. W. 787; Fintel v. Cook, 88 Wis. 485, 60 N. W. 788; Smith v. Norton, 114 Wis. 458, 90 N. W. 449; Brunkow v. Waters, 131 Wis. 31, 110 N. W. 802.
It is evident from his written decision quoted above that in disposing of the…
2Cases cited5 opinions
- Fintel v. CookWisconsin Supreme Court · 1894
- Silvernail v. RustWisconsin Supreme Court · 1894
- Brunkow v. WatersWisconsin Supreme Court · 1907
- Smith v. NortonWisconsin Supreme Court · 1902
- Luckow v. BoettgerWisconsin Supreme Court · 1909
3Cited by1 opinion
- Chapleau v. Manhattan Oil Co.Wisconsin Supreme Court · 1922