Miller v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for La Crosse County. The case is thus stated by Mr. Justice Taylor: “ This action was brought by the plaintiff against the railway company for a balance claimed to be due to him for work and labor performed for said company. The defense set up was payment in full.
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APPEAL from the Circuit Court for La Crosse County. The case is thus stated by Mr. Justice Taylor: “ This action was brought by the plaintiff against the railway company for a balance claimed to be due to him for work and labor performed for said company. The defense set up was payment in full. The only controversy on the trial was whether the defendant was entitled to a credit of $46.75 which it had paid to one Schierl in a garnishee suit against the company in favor of said Schierl. The action against Miller, upon which the garnishee action was founded, was commenced by warrant of…
1Opinion of the CourtTaylor, J.
The only difference between the affidavit in this case and the one which was held insufficient by this court in the case of Wiley v. Aultman, 53 Wis., 560, is that in the Wiley Case the words “on behalf of” the plaintiff (giving his name) were omitted. We are clearly of the opinion that the insertion of these words do not cure the defect. If the affiant had sworn that he made the affidavit on behalf of the plaintiff, instead of simply reciting it, there might be some reason for saying the case was different from the case of Wiley v. Aultman. But he has not done that. He simply says he makes…
2Cases cited4 opinions
- Sloane v. AndersonWisconsin Supreme Court · 1883
- Wiley v. C. Aultman & Co.Wisconsin Supreme Court · 1881
- Hill v. HooverWisconsin Supreme Court · 1856
- Manley v. HeadleySupreme Court of Kansas · 1872
3Cited by8 opinions
- Maynard v. PeopleIllinois Supreme Court · 1890
- City of South Milwaukee v. SchantzenWisconsin Supreme Court · 1950
- Smith v. VictorinSupreme Court of Minnesota · 1893
- Claflin v. HooverMissouri Court of Appeals · 1886
- Chickering-Chase Bros. v. WhiteWisconsin Supreme Court · 1906
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