Fairbank v. Newton
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dodge County. Action for moneys advanced for wheat to be delivered by the defendant. There was a counterclaim by the defendant, and a reply in denial. The cause was sent to a referee for trial. A large amount of evidence was talcen before the referee, which seems to he all preserved in the hill of exceptions, together with the exceptions taken before the referee to his rulings upon the admission of evidence.
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APPEAL from the Circuit Court for Dodge County. Action for moneys advanced for wheat to be delivered by the defendant. There was a counterclaim by the defendant, and a reply in denial. The cause was sent to a referee for trial. A large amount of evidence was talcen before the referee, which seems to he all preserved in the hill of exceptions, together with the exceptions taken before the referee to his rulings upon the admission of evidence. The referee reported the evidence and exceptions to the court, and also reported his findings of fact and.conclusions of law thereupon. His conclusions…
1Opinion of the Court
Ryan, O. J".
When the report of a referee, to whom a cause has been sent for trial, comes in, the report, of itself, entitles neither party to judgment, but either or both parties may move to set it aside or confirm it. Either or both parties may move for judgment upon it, as upon a special verdict. Rut a party objecting to the referee’s findings of fact, must file his written exceptions to the findings. It is the duty of the circuit court thereupon, before judgment, to hear the parties, and to malie an order sustaining or overruling the exceptions, and confirming, setting aside or modifying…
2Cases cited8 opinions
- Cairns v. O'BlenessWisconsin Supreme Court · 1876
- Gilbank v. StephensonWisconsin Supreme Court · 1872
- Yates v. ShepardsonWisconsin Supreme Court · 1875
- Jenkins v. EsterlyWisconsin Supreme Court · 1867
- Monitor Iron Works Co. v. KetchumWisconsin Supreme Court · 1878
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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- Lemke v. DaeglingWisconsin Supreme Court · 1881
- State Ex Rel. Universal Processing Services, LLC v. Circuit Court of Milwaukee CountyWisconsin Supreme Court · 2017
- Universal Processing Services v. Circuit Court of Milw. Co.Wisconsin Supreme Court · 2017