Warner v. Supervisors of Outagamie County
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outagamie County. The plaintiff presented two separate accounts against said county to the county board; and these were acted upon at the same time, and both disallowed in, part. He then took an appeal to the circuit court under the statute, but on the trial of the action the court refused to permit him to testify in his own behalf, on the ground that he had not given any notice of his intended examination to the defendant corporation.
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APPEAL from the Circuit Court for Outagamie County. The plaintiff presented two separate accounts against said county to the county board; and these were acted upon at the same time, and both disallowed in, part. He then took an appeal to the circuit court under the statute, but on the trial of the action the court refused to permit him to testify in his own behalf, on the ground that he had not given any notice of his intended examination to the defendant corporation. The plaintiff appealed from a judgment of nonsuit. contended that the two accounts could not be prosecuted on one appeal, and…
1Opinion of the CourtDixon, C. J.
Delamatyr v. Railroad Co., 24 Wis. 578, is entirely decisive of one point in this case, and that is the only point necessary to be considered. It was there held that chapter 176, Laws of 1868, repeals chap. 64, Laws of 1859, and thus supersedes the rule of Sika v. Railroad Co., 21 Wis. 370, requiring notice to he given of the intended examination of a party as a witness, where the opposite party is a corporation. No such notice is now required to be given, and the plaintiff should have been allowed to testify in his own behalf, when he offered himself as a witness for that purpose. The court…
2Cases cited2 opinions
- Sika v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1867
- Delamatyr v. Milwaukee & Prairie du Chien RailroadWisconsin Supreme Court · 1869
3Cited by1 opinion
- Potter v. President of MenashaWisconsin Supreme Court · 1872