Legal Opinion

Astor Co. v. Dengel

Wisconsin Supreme Court

Decided May 4, 1915PublishedCited by 1 opinion

Appeal from a judgment of tbe municipal court of Outa-gamie county: Thomas H. Byan, Judge. Action to recover $377.82 upon an account for legal services and disbursements. Tbe plaintiff is tbe assignee of tbe firm of Cady, 'Streblow & Jasepb, wbicb performed tbe services.

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Appeal from a judgment of tbe municipal court of Outa-gamie county: Thomas H. Byan, Judge. Action to recover $377.82 upon an account for legal services and disbursements. Tbe plaintiff is tbe assignee of tbe firm of Cady, 'Streblow & Jasepb, wbicb performed tbe services. Tbe account consists of twenty-nine items, all relating to a single action and covering a period from May 16 until June 26, 1913. Tbe defendant admits that be employed Mr. Cady to examine tbe pleadings and consult with Mr. H. C. Sloan of Appleton in regard to an action against tbe city of Appleton wbicb bad already been…

1Opinion of the Court

WiNsnow, O. J.

Held:

1. The question as to the necessary length of an account in order to justify a compulsory reference is largely a matter of judgment and sound discretion on the part of the trial court. Twenty items have been held sufficient. Brillion L. Co. v. Barnard, 131 Wis. 284, 111 N. W. 483; Poler v. Mitchell, 152 Wis. 583, 140 N. W. 330; Turner v. Nachtsheim, 71 Wis. 16, 36 N. W. 637. There was no abuse of discretion in the present case.

2. The municipal court of Outagamie county has power to order a compulsory reference under sec. 2864, Stats., because by sec. 56 of the act creating…

2Cases cited3 opinions

  1. Brillion Lumber Co. v. BarnardWisconsin Supreme Court · 1907
  2. Turner v. NachtsheimWisconsin Supreme Court · 1888
  3. Poler v. MitchellWisconsin Supreme Court · 1913

3Cited by1 opinion

  1. Elliott v. WinnSupreme Court of Missouri · 1924

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