Calkins v. State
Wisconsin Supreme Court
The contract for doing the state printing for the years 1855 and 6, was let, by the proper state officers, to Beriah Brown, as the lowest bidder. Brown assigned Ms interest to Calkins and Proudfit, who filed their complaint in this court, against the state, to recover money alleged to be due to them for work performed under the contract; and certain issues of fact between the parties were certified to the circuit court for Milwaukee county for trial by a jury.
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The contract for doing the state printing for the years 1855 and 6, was let, by the proper state officers, to Beriah Brown, as the lowest bidder. Brown assigned Ms interest to Calkins and Proudfit, who filed their complaint in this court, against the state, to recover money alleged to be due to them for work performed under the contract; and certain issues of fact between the parties were certified to the circuit court for Milwaukee county for trial by a jury. The verdict of the jury was returned to this court, and the plaintiffs moved for judgment upon it. On the trial in the circuit court,…
1Opinion of the Court
By the Court,
DixoN, 0. J.
The practice adopted in this *390casei 0f settling a bill of exceptions or case for tbe purpose bringing before tbis court tbe proceedings bad at tbe circuit, is correct. If it were not npbeld by section 4 of chapter 157 of tbe Revised Statutes, entitled “ of actions against tbe state,” wbieb declares that “tbe circuit court shall proceed to try, by jury, as in other cases, tbe said questions of fact, subject to tbe laws, rules and regulations of said court,” we should still be inclined to sustain it, as a general regulation indispensable to tbe administration of justice…
2Cases cited5 opinions
- Kellogg v. RichardsNew York Supreme Court · 1835
- Palmerton v. HuxfordNew York Supreme Court · 1847
- McGlynn v. BillingsSupreme Court of Vermont · 1844
- Davenport v. WheelerNew York Supreme Court · 1827
- Eckford's Executors v. De KayNew York Supreme Court · 1841
3Cited by11 opinions
- Jasper v. HazenNorth Dakota Supreme Court · 1894
- Tanner v. MerrillMichigan Supreme Court · 1895
- Kercheval v. DotyWisconsin Supreme Court · 1872
- Truesdail v. WardMichigan Supreme Court · 1871
- Shipman v. StateWisconsin Supreme Court · 1878
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