Ott v. Cream City Sand Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: W. J. Turnee, Circuit Judge. The plaintiff sued in tbe civil'court of Milwaukee county for a balance of $415.95 for groceries and meats supplied defendant between March 18 and November 1, 1915, for use on a boat operated by defendant on Lake Michigan.
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Appeal from a judgment of the circuit court for Milwaukee county: W. J. Turnee, Circuit Judge. The plaintiff sued in tbe civil'court of Milwaukee county for a balance of $415.95 for groceries and meats supplied defendant between March 18 and November 1, 1915, for use on a boat operated by defendant on Lake Michigan. The defendant alleged, by way of answer and counterclaim, that during the preceding season of 1914 and the one in question defendant had ordered from plaintiff meats and groceries of the value of about $1,100, for which it had fully paid; that during substantially all the period…
1Opinion of the CourtEschweiler, J.
Sec. 2857a., Stats., provides that when in a jury trial all tbe parties to tbe action shall, without reservation, move the court to direct a verdict, such motions shall, *232unless otherwise directed by the court, he considered as equivalent to a stipulation by the parties waiving a jury trial and submitting-the entire case to the court for decision of the facts as well as the law. Although the plaintiff did not in his motion expressly request any particular judgment other than a dismissal of the counterclaim, yet, upon the state of the record as it then stood and the rulings upon the evidence by…
2Cases cited17 opinions
- Oil Co. v. Van EttenSupreme Court of the United States · 1882
- Manning v. School District No. 6Wisconsin Supreme Court · 1905
- Bradley v. . McDonaldNew York Court of Appeals · 1916
- Bourda v. JonesWisconsin Supreme Court · 1901
- Shaw v. LobeWashington Supreme Court · 1910
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3Cited by5 opinions
- Onalaska Electrical Heating, Inc. v. SchallerWisconsin Supreme Court · 1980
- Stevens v. Montfort State BankWisconsin Supreme Court · 1924
- Borosich v. Metropolitan Life InsuranceWisconsin Supreme Court · 1926
- Mahoney v. KennedyWisconsin Supreme Court · 1925
- State v. BlivenWisconsin Supreme Court · 1930