Legal Opinion

Sellers v. Lampman

Wisconsin Supreme Court

Decided April 28, 1885PublishedCited by 4 opinions

APPEAL from the Circuit Court for Portage County. This action was commenced before a justice of tbe peace. Tbe complaint is for a balance of account for goods sold, for labor and services, and for moneys bad and received, paid, laid out, and expended. Judgment is demanded for $200. No dates or specific amounts are given.

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APPEAL from the Circuit Court for Portage County. This action was commenced before a justice of tbe peace. Tbe complaint is for a balance of account for goods sold, for labor and services, and for moneys bad and received, paid, laid out, and expended. Judgment is demanded for $200. No dates or specific amounts are given. Tbe answer is a general denial, payment, and settlement in 1870, showing a balance due tbe defendant of $6.75. Tbe answer also contains a counterclaim for goods sold and delivered, for work and labor, and board, to tbe amount of $400, and a demand of judgment for $200. No…

1Opinion of the CourtLyoN, J.

Tbe only reason assigned for a reversal of the judgment of tbe circuit court is that tbe justice bad no jurisdiction of tbe action, because- tbe amount of tbe plaintiff’s account exceeded $500, and because tbe amount due tbe plaintiff, at tbe time of tbe trial before tbe justice, exceeded $200. E. S. sec. 3572, subd. 4. These sums are, respectively, tbe maximum limits of a justice’s jurisdiction. Tbe statute confers such jurisdiction in “ actions founded on any account, when the amount of tbe plaintiff’s account, proven to tbe satisfaction of tbe justice, shall not exceed five hundred…

2Cases cited3 opinions

  1. Cooban v. BryantWisconsin Supreme Court · 1875
  2. Nimmick v. MathiessonWisconsin Supreme Court · 1873
  3. Henckel v. Wheeler & Wilson Manufacturing Co.Wisconsin Supreme Court · 1881

3Cited by4 opinions

  1. Town of Washburn v. Washburn Waterworks Co.Wisconsin Supreme Court · 1904
  2. McCown v. RussellWisconsin Supreme Court · 1893
  3. Crate v. PettepherWisconsin Supreme Court · 1901
  4. Mathews v. RipleyWisconsin Supreme Court · 1898

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