Hutson v. Field
Wisconsin Supreme Court
ERROR TO THE ROOK CIRCUIT COURT. This was an action originally brought before a justice, whose judgment was reviewed in the circuit court, and there reversed; to reverse which judgment of the circuit court this writ of error was brought.
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ERROR TO THE ROOK CIRCUIT COURT. This was an action originally brought before a justice, whose judgment was reviewed in the circuit court, and there reversed; to reverse which judgment of the circuit court this writ of error was brought. The facts appear in order and detail in the opinion of the court. 1st. The promise of Hutson (if it may be called a promise), is to pay the debt of Craft; and no consideration is expressed upon the face of the agreement, and therefore void by the statute of frauds. E. S., 388, Ch. 76, § 2; 15 Wend. E., 182; Id. 343, 347; 3 Wis., 674. 2nd. The plaintiff should…
1Opinion of the Court
By the Court,
Shith, J.
This was an action of assumpsit, commenced in the police court Of the city of Janesvillleby the *408defendant in error against the plaintiff in error. On the return day of the writ the parties appeared. The plaintiff declared upon a lease of a barn, between plaintiff and William Graft, signed by defendant as surety; also upon the common counts. The defendant pleaded the general issue, and gave notice of set off.
On the trial before the justice, the plaintiff gave in evidence a certain instrument in writing, as follows : “ This is to certify “ that I have taken and leased of…
2Cases cited1 opinion
- Taylor v. PrattWisconsin Supreme Court · 1854
3Cited by2 opinions
- Rowell v. SmithWisconsin Supreme Court · 1905
- Klee v. StephensonWisconsin Supreme Court · 1907