Hibbard v. Bell
Wisconsin Supreme Court
ERROR to the County Court for Milwaukee County. • Action of assumpsit brought by Bell against Hibbard and Smith, in justice’s court, on an account filed with the justice and the defendants pleaded non assumpsit, and the cause was adjourned. On the adjourned day, the plaintiff added the common counts in assumpsit and a special count against the defendants for two buffalo robes which they had received of the plaintiff as innkeeper, and which they refused to deliver.
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ERROR to the County Court for Milwaukee County. • Action of assumpsit brought by Bell against Hibbard and Smith, in justice’s court, on an account filed with the justice and the defendants pleaded non assumpsit, and the cause was adjourned. On the adjourned day, the plaintiff added the common counts in assumpsit and a special count against the defendants for two buffalo robes which they had received of the plaintiff as innkeeper, and which they refused to deliver. The defendants demurred for misjoinder of causes of action, and the justice overruled the demurrer, and upon hearing the proofs on…
1Opinion of the CourtW Hiton, J.
This action was originally commenced before a justice of the peace, by the defendant in error, against the *191plaintiff in error and one Aaron Smith. The justice rendered a judgment against the plaintiff in error alone. The cause was removed to the Milwaukee county court, by a writ of certiorari, and the judgment of the justice was affirmed by that court.
It appears, by the return of the justice to the writ of certio-rari, that the defendant in error declared in the justice’s court, against Hibbard and Smith, in assumpsit, and that they pleaded the general issue ; that subsequently, after the…
2Cases cited1 opinion
- Gage v. ReedNew York Supreme Court · 1818
3Cited by1 opinion
- Jones v. HuntWisconsin Supreme Court · 1895