French v. Keator
Wisconsin Supreme Court
APPEAL from the Circuit Court for Olcurk County. The case is thus stated by Mr. Justice Taylor: “ This action vras brought in the circuit court to recover an alleged balance due to the plaintiff from the defendants, upon an account for work and labor, cash expenses, and money paid at the request of defendants. The complaint was not verified. The cause was referred to a referee for trial.
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APPEAL from the Circuit Court for Olcurk County. The case is thus stated by Mr. Justice Taylor: “ This action vras brought in the circuit court to recover an alleged balance due to the plaintiff from the defendants, upon an account for work and labor, cash expenses, and money paid at the request of defendants. The complaint was not verified. The cause was referred to a referee for trial. The referee reported that the defendants were indebted to the plaintiff for a balance due them on account of $93.35, and stated the account between the parties as follows: Services of plaintiff one year, at…
1Opinion of the CourtTaylor, J.
Whether the plaintiff was entitled to costs; depends upon the question whether a justice’s court would have had jurisdiction to try the action. We think it very clear, from the findings of the referee, from the plaintiff’s complaint, and the defendants’ answer, that a justice’s court would not have had jurisdiction of the action. By the bill .of particulars of the plaintiff’s claim, filed in the action, he claimed $784, and credited the defendants with $468.75, claiming a balance due him of $820.25. The answer of the defendants was a general denial, and a further answer as follows: “…
2Cases cited4 opinions
- Cooban v. BryantWisconsin Supreme Court · 1875
- Nimmick v. MathiessonWisconsin Supreme Court · 1873
- Barker v. BaxterWisconsin Supreme Court · 1844
- Van Patten v. WilcoxWisconsin Supreme Court · 1873