Nimmick v. Mathiesson
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Iowa County. Tbe defendants appealed from a judgment in favor of tbe plaintiff. The ease is sufficiently stated in tbe opinion. argued that tbe justice bad no jurisdiction of tbe subject matter of tbe action (E. S., cb. 120, sec. 9 ; Pelt v. Pelt, 19 Wis., 196; Malone v. Clark, 2 Hill, 657; Stephens v. Boswell, 2 J. J. Marsh., 29; cb. 142, Laws of 1871); that the objection'might be taken at any stage of tbe proceedings (Klaise v. The State,…
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APPEAL from tbe Circuit Court for Iowa County. Tbe defendants appealed from a judgment in favor of tbe plaintiff. The ease is sufficiently stated in tbe opinion. argued that tbe justice bad no jurisdiction of tbe subject matter of tbe action (E. S., cb. 120, sec. 9 ; Pelt v. Pelt, 19 Wis., 196; Malone v. Clark, 2 Hill, 657; Stephens v. Boswell, 2 J. J. Marsh., 29; cb. 142, Laws of 1871); that the objection'might be taken at any stage of tbe proceedings (Klaise v. The State, 27 Wis., 463); and that in such a case tbe circuit court acquires no jurisdiction by tbe appeal, but must dismiss the…
1Opinion of the CourtCole, J.
This was an action of attachment commenced June 20,1870, before a justice of the peace. The action was founded upon an account for a certain quantity of zinc ore sold and delivered at various times by tbe plaintiff to tbe defendants. Tbe ore at tbe price claimed amounted to $331.26, upon which tbe plaintiff had been paid at divers times $190.45, leaving a balance due on the account of $140.81.
The objection is taken on tbe part of tbe defendants, that as tbe action was founded upon an account, which necessarily involved an examination of tbe correctness of tbe various items therein, amounting…
2Cited by7 opinions
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- Prairie Grove Cheese Manufacturing Co. v. LuderWisconsin Supreme Court · 1902
- Sellers v. LampmanWisconsin Supreme Court · 1885
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