Twentieth Century Co. v. Quilling
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dunn county: E. W. Helms, Circuit Judge. Action to recover on a promissory note.
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Appeal from a judgment of the circuit court for Dunn county: E. W. Helms, Circuit Judge. Action to recover on a promissory note. The defense was as tendered in the proposed amended answer, fully set forth in the report on the first appeal to this court. 130 Wis. 318, 110 1ST. W. 174. Eor a full statement of the issues presented reference is here made to such report, it being understood that such proposed amended answer was the answer in fact at the second trial, resulting in the judgment appealed from. Tie first trial was by tie court pursuant to a stipulation that tie cause should be placed…
1Opinion of the CourtMaeshall, J.
Whether, technically, the court erred in refusing to try the case without a jury, and we do not intend to suggest that it did so err, such, error was not harmful. The defendant was entitled as matter of right to a jury trial unless he waived it. The court, seemingly uncertain as to whether he ruled right or not in denying the motion to try the case in accordance with the stipulation, after taking the verdict made full findings of fact, adding its decision to that of the jury, the two being in harmony. In such circumstances we are unable to see that plaintiff was in any wise prejudiced by the…
2Cases cited12 opinions
- Case v. HoffmanWisconsin Supreme Court · 1898
- McDermott v. JacksonWisconsin Supreme Court · 1897
- Fraser v. Ætna Life Insurance Co.Wisconsin Supreme Court · 1902
- Collins v. City of JanesvilleWisconsin Supreme Court · 1901
- Pelton v. Spider Lake Sawmill & Lumber Co.Wisconsin Supreme Court · 1907
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Whitcomb v. OllerSupreme Court of Oklahoma · 1913
- Milwaukee Trust Co. v. City of MilwaukeeWisconsin Supreme Court · 1912
- Hiroux v. BaumWisconsin Supreme Court · 1908
- Gnat v. Westchester Fire Insurance Co. of New YorkWisconsin Supreme Court · 1918
- Crookum v. KetchumSupreme Court of Oklahoma · 1935
6 more not listed; retrieve them via the Exa API.