Cole v. Clarke
Wisconsin Supreme Court
This was an action of assumpsit for work and labor, brought by the defendant in error against the plain tiffs in error, in the County Court of Jefferson county. The declaration was in common counts; plea, the general issue. Tile case liad been twice tried in the $ County Court, and once before brought before the Supreme Court.
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This was an action of assumpsit for work and labor, brought by the defendant in error against the plain tiffs in error, in the County Court of Jefferson county. The declaration was in common counts; plea, the general issue. Tile case liad been twice tried in the $ County Court, and once before brought before the Supreme Court. On the trial below, numerous exceptions were taken to the rulings of the judge, both as to the admission of evidence, and his instructions to the jury. All those which engaged the consideration of the court, and upon which the case was determined, are stated at length…
1Opinion of the Court
By the Court,
Sajith, J.
This is the second time this case has come to the Supreme Court. In order fully to comprehend the principles involved in its consideration, it is necessary to trace its history. On the twentieth day of January, 1851, the plaintiff filed his declaration in the County Court of Jefferson county, in the common counts for work and labor, goods sold, <fcc., including the money counts. Tixe foundation of th enaction was work and labor performed by the plaintiff upon the flouring mill of the defendants. The plea was the general issue, with notice, that the work, if any was…
2Cited by15 opinions
- Dodge v. GaylordIndiana Supreme Court · 1876
- McGovern v. EckhartWisconsin Supreme Court · 1929
- Daly v. City of MilwaukeeWisconsin Supreme Court · 1899
- Hammer v. JanowitzSupreme Court of Iowa · 1906
- Moses v. JulianSupreme Court of New Hampshire · 1863
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