Brennan v. Booth
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ashland County. The following statement of the case was prepared by Mr. Justice Cassoday : Both parties are dentists.
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APPEAL from the Circuit Court for Ashland County. The following statement of the case was prepared by Mr. Justice Cassoday : Both parties are dentists. The complaint alleges, in effect, that the defendant hired the plaintiff to work in his dentistry office, and in lieu of wages agreed to pay him one half of the net earnings of the office; that during the plaintiff’s term of service the gross receipts were $2,500, and the expenses and investments in tools, instruments, etc., $1,300; and the plaintiff demands judgment for one half of the balance, to wit, the sum of $600. The answer admits the…
1Opinion of the CourtCassoday, J.
The referee’s findings of fact appear to be supported by tbe evidence. A month after the referee’s report had been made and filed, and upon application to set aside the same, the defendant’s attorney made an affidavit to the effect that upon the hearing before the referee he had filed a debtor and creditor statement of account, as required by sec. 5, Circuit Court Eule XXII; but that the referee had neglected and refused to receive and file the same, and had returned it without giving any reason therefor. Such statement does not appear to have entered into the proceedings before the referee…
2Cited by1 opinion
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