Conkey v. Post
Wisconsin Supreme Court
APPEAL PROM GREEN CIRCUIT COURT. This was an action brought by the plaintiff, as 'first endorser of a promissory note against the maker. The action was commenced by attachment before a justice of the peace, where the plaintiff obtained judgment for $58.81 damages and $11.62 costs, from which the defendant appealed. The following is a portion of the return of the justice: “Plaintiff appeared by A. J. Brandage, his Attorney, and M. Kelley, Jr., for defendant.
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APPEAL PROM GREEN CIRCUIT COURT. This was an action brought by the plaintiff, as 'first endorser of a promissory note against the maker. The action was commenced by attachment before a justice of the peace, where the plaintiff obtained judgment for $58.81 damages and $11.62 costs, from which the defendant appealed. The following is a portion of the return of the justice: “Plaintiff appeared by A. J. Brandage, his Attorney, and M. Kelley, Jr., for defendant. Plaintiff declared in a civil action on a certain promissory note, dated February 13th, 1857, and demanded judgment for the amount of…
1Opinion of the Court
By the Court,
Cole J.
This action was commenced before a justice of the peace, and though the complaint is quite informal, yet as no objection was taken to it in that court by the defendant, (now appellant) it must now be deemed sufficient-On several occasions we have held that every reasonable in-tendment would be made in support of pleadings and proceedings in justices’ court, where parties generally make oral statements of the cause of action or defense, and do not resort to formal written pleadings.
We are likewise of the opinion that the evidence as to the note being lost was sufficient to…
2Cited by3 opinions
- Baizer v. LaschWisconsin Supreme Court · 1871
- Storm v. AdamsWisconsin Supreme Court · 1882
- Kohler Improvement Co. v. PrederWisconsin Supreme Court · 1935