Mutcha v. Pierce
Wisconsin Supreme Court
APPEAL from the Circuit Court for Hacine County. Defendant appealed from a judgment of the circuit court reversing a judgment rendered in his favor by the justice before whom the action was commenced. The nature of the action, and the ground of reversal, will appear from the opinion. contended that the evidence in dispute was admissible on two grounds: 1. As apart of the res gestee. 1 G-reenl., § 108 and notes 1 and 2; PARK, J., in Bcmsonv.
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APPEAL from the Circuit Court for Hacine County. Defendant appealed from a judgment of the circuit court reversing a judgment rendered in his favor by the justice before whom the action was commenced. The nature of the action, and the ground of reversal, will appear from the opinion. contended that the evidence in dispute was admissible on two grounds: 1. As apart of the res gestee. 1 G-reenl., § 108 and notes 1 and 2; PARK, J., in Bcmsonv. Haigh, 2 Bing., 99; 1 Phillipps on Ev., 205; 1 Starkie on Ev., 47; Bexv. Smyth, 5 Carr. &P., 201; Stephen’s Dig. Law of Ev., 44, note 2, and authorities…
1Opinion of the Court
Taylor; J.
This action was commenced in a justice’s court to recover damages which the plaintiff claims to have suffered by reason of an injury inflicted upon his minor son by the careless and negligent acts of the defendant. In the justice’s court the defendant had judgment in his favor. The plaintiff appealed to the circuit court, and, not having made the necessary affidavit to 'entitle him to a new trial in that court, the case was heard upon the return of the justice, and the circuit court reversed the judgment on the ground that the justice erred in permitting the defendant to put the…
2Cases cited2 opinions
- Prideaux v. City of Mineral PointWisconsin Supreme Court · 1878
- Sorenson v. DundasWisconsin Supreme Court · 1877
3Cited by5 opinions
- Atchison v. DullamAppellate Court of Illinois · 1885
- Fitzgerald v. Town of WestonWisconsin Supreme Court · 1881
- Marler v. Texas & Pacific Railway Co.Supreme Court of Louisiana · 1900
- State ex rel. Taylor v. Board of SupervisorsWisconsin Supreme Court · 1885
- Schillinger v. Town of VeronaWisconsin Supreme Court · 1894