Legal Opinion

Plano Manufacturing Co. v. Rasey

Wisconsin Supreme Court

Decided September 20, 1887PublishedCited by 18 opinions

APPEAL from the Circuit Court for PoeJc County. The case is stated in the opinion. To the point that the appeal to the circuit court was of no avail and conferred no jurisdiction, because the jurisdiction of the municipal court was exclusive, they cited Taylor v.De Gamp, 68 Wis. 162. To the point that jurisdiction of the subject-matter was not conferred by consent they cited Bullard v. Kulil, 54 Wis. 544; Mathie v. McIntosh, 40 id. 120; Damp v. Dane, 29 id. 420. They argued…

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APPEAL from the Circuit Court for PoeJc County. The case is stated in the opinion. To the point that the appeal to the circuit court was of no avail and conferred no jurisdiction, because the jurisdiction of the municipal court was exclusive, they cited Taylor v.De Gamp, 68 Wis. 162. To the point that jurisdiction of the subject-matter was not conferred by consent they cited Bullard v. Kulil, 54 Wis. 544; Mathie v. McIntosh, 40 id. 120; Damp v. Dane, 29 id. 420. They argued that the subject-matter of this suit was within the jurisdiction of the circuit court, and jurisdiction of the parties…

1Opinion of the CourtCole, C. J.

A motion was made by the respondent to dismiss this appeal, on the ground that the affidavits show a voluntary payment of the judgment, and a complete settlement of the action. If the affidavits did clearly and satisfactorily sustain this position, the motion should prevail; but, in our opinion, they do not.. The respondent states in his affidavit that the judgment was paid by the attorneys of the appellant, for the purpose and with the understanding between the parties of making a full and complete settlement and adjustment of the litigation. His attorney, Mr. Malone, swears substantially to…

2Cases cited7 opinions

  1. Felt v. FeltWisconsin Supreme Court · 1865
  2. Dykeman v. BuddWisconsin Supreme Court · 1854
  3. Miles v. ChamberlainWisconsin Supreme Court · 1863
  4. Verbeck v. VerbeckWisconsin Supreme Court · 1858
  5. Clark v. BowersWisconsin Supreme Court · 1853

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3Cited by18 opinions

  1. Moores v. MooresOregon Supreme Court · 1899
  2. Telford v. City of AshlandWisconsin Supreme Court · 1898
  3. Klatte v. Franklin State BankWisconsin Supreme Court · 1933
  4. Duniway v. Cellars-Murton Co.Oregon Supreme Court · 1919
  5. Culver v. RandleOregon Supreme Court · 1904

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