Stack v. Padden
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Pond du Lac county: Michael KiewaN, Circuit Judge. Action to recover for services of plaintiff as a physician and surgeon, commenced in justice’s court May 29, 1899. Judgment was there rendered for $52.81 damages and costs. An appeal was taken to the circuit court.
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Appeal from a judgment of the circuit court for Pond du Lac county: Michael KiewaN, Circuit Judge. Action to recover for services of plaintiff as a physician and surgeon, commenced in justice’s court May 29, 1899. Judgment was there rendered for $52.81 damages and costs. An appeal was taken to the circuit court. The complaint was in the usual form of a declaration to recover upon an account for the reasonable value of services rendered, claiming that such services were performed on and between June 29, 1890, and November 28, 1890; that the same were reasonably worth $36; that $5 was paid…
1Opinion of the CourtMaeshall, J.
Appellant assigns, as reasons why the judgment should be reversed: (1) The evidence shows that defendant was a married woman living with her husband when the debt was contracted, and does not show that it was contracted with reference to her separate estate intending to charge the same with the payment thereof; (2) the claim was barred by the statute of limitations; (3) the judgment is irregular and unauthorized in that it is, in form, an affirmance of the judgment for damages and costs rendered in the justice’s court. As we view the case a decision of the first question renders consideration…
2Cases cited7 opinions
- Todd v. LeeWisconsin Supreme Court · 1862
- Krouskop v. ShontzWisconsin Supreme Court · 1881
- Conway v. SmithWisconsin Supreme Court · 1860
- Leonard v. RoganWisconsin Supreme Court · 1866
- Mueller v. WieseWisconsin Supreme Court · 1897
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