United States Express Co. v. Jenkins
Wisconsin Supreme Court
; APPEAL from the Oircuit Court for Crawford County. Action to recover money had and received. The cause 1 was before this court on a former appeal, and is reported in •; 64 Wis. 542. "When the case was called for the second trial, at the November term, 1886, the plaintiff applied for a continuance because of the absence of certain witnesses whose testimony was material to his defense.
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; APPEAL from the Oircuit Court for Crawford County. Action to recover money had and received. The cause 1 was before this court on a former appeal, and is reported in •; 64 Wis. 542. "When the case was called for the second trial, at the November term, 1886, the plaintiff applied for a continuance because of the absence of certain witnesses whose testimony was material to his defense. The affidavit upon which such application was based did not specifically state that the defendant had been advised by his counsel that he had a valid and substantial defense to the action in whole or in j)art;…
1Opinion of the CourtTayloR, J.
This is an action to recover for money had and received by the defendant for the use of the plaintiff. The answer was a general denial. On the trial in the circuit court the plaintiff recovered, and from the judgment entered in his favor the defendant appeals to this court.
The learned counsel for the appellant alleges the following as errors occurring on the trial in the court below: (1) That the court erred in refusing to grant a continuance of the action on the' application of the defendant; (2) that the court erred in permitting the deposition of John Day to be read in evidence against the…
2Cases cited13 opinions
- Clifton v. United StatesSupreme Court of the United States · 1846
- Life & Fire Insurance v. Mechanic Fire InsuranceNew York Supreme Court · 1831
- Blaeser v. Milwaukee Mechanics' Mutual InsuranceWisconsin Supreme Court · 1875
- Wright v. HardyWisconsin Supreme Court · 1867
- Jenkins v. StateWisconsin Supreme Court · 1885
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3Cited by5 opinions
- Cooper v. Spring Valley Water Co.California Court of Appeal · 1911
- Nebraska National Bank v. JohnsonNebraska Supreme Court · 1897
- Galloway v. United RailroadsCalifornia Court of Appeal · 1921
- Magnes v. Sioux City Nursery & Seed Co.Colorado Court of Appeals · 1900
- Magnes v. Sioux City Nursery & Seed Co.Colorado Court of Appeals · 1900