Legal Opinion

Prentiss v. Danaher

Wisconsin Supreme Court

Decided January 15, 1866PublishedCited by 11 opinions

APPEAL from tbe County Court for Milwaukee County. Danaher and Booney were garnisheed, August 3d, 1864, in a suit then pending between tbe plaintiff and one Power; andtbeir answer being unsatisfactory to tbe plaintiff, tbe issue was tried before a jury.

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APPEAL from tbe County Court for Milwaukee County. Danaher and Booney were garnisheed, August 3d, 1864, in a suit then pending between tbe plaintiff and one Power; andtbeir answer being unsatisfactory to tbe plaintiff, tbe issue was tried before a jury. On. tbe 27th of April, 1864, a contract was executed, by and between said Power and tbe Milwaukee & St. Paul Railway Co., for tbe delivery by tbe former to tbe latter of 7000 piles — ■ 500 each week during May, June and July of that year, until tbe whole were delivered; for which be was to be paid at the rate of thirteen and a half cents per…

1Opinion of the CourtDixon, C. J.

The provision in section 2, ch. 862, Laws of 1860, that the statutes of the state that may at any time be in force relative to the circuit courts of the state, shall relate also to the county court of Milwaukee county, is a rule for the construction of statutes, and not an attempt by one legislature directly to restrict a future legislature to a particular mode of *318enactment in certain cases. It is not analogous to ,a clause declaring tbat an act shall not be repealed by a general law contravening its provisions, unless such purpose be expressly set forth in such law) as was the case in…

2Cases cited2 opinions

  1. Kellogg v. City of OshkoshWisconsin Supreme Court · 1861
  2. Dunbar v. HollinsheadWisconsin Supreme Court · 1860

3Cited by11 opinions

  1. Bragg v. GaynorWisconsin Supreme Court · 1893
  2. Steinhofel v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1896
  3. City of Baraboo v. DwyerWisconsin Supreme Court · 1917
  4. Lynch v. WestWest Virginia Supreme Court · 1908
  5. Danaher v. PrentissWisconsin Supreme Court · 1867

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