Wojahn v. National Union Bank of Oshkosh
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Winnebago county: Geo. W. BubNell, Circuit Judge. Action to recover on contract.
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Appeal from a judgment of tbe circuit court for Winnebago county: Geo. W. BubNell, Circuit Judge. Action to recover on contract. Plaintiff’s claim, duly put in issue, was that he performed valuable services, covering a period of some five years and a half, for defendant at its request in supervising a mercantile business, in collecting some $25,000 for defendant; that the reasonable value of such services was $5,000, and that no part thereof had been paid, except $125. The cause was, in due form, referred to John Harrington to hear, try, and determine. The order of reference, as appears by…
1Opinion of the CourtMaRsiiall, J.
The record does not disclose the proof produced in favor of the reference. The order recites that it was satisfactory to the court. Counsel for appellant should have shown by the bill of exceptions precisely upon what the •decision was made. They failed to do so. In face thereof it must be presumed a case was made on the motion warranting the conclusion reached. It cannot be assumed the order was made on the pleadings alone. The character of the cause, as shown by the complaint, does not indicate that the cause was not referable under any circumstances. Error in regard to the reference not…
2Cases cited9 opinions
- Ott v. BoringWisconsin Supreme Court · 1909
- Ames v. LamontWisconsin Supreme Court · 1900
- Wheeler v. HallWisconsin Supreme Court · 1877
- Endress v. ShoveWisconsin Supreme Court · 1901
- Kelly v. HoughtonWisconsin Supreme Court · 1884
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3Cited by39 opinions
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- Truelsch v. MillerWisconsin Supreme Court · 1925
- Lindquist Ford, Inc. v. Middleton Motors, Inc.Court of Appeals for the Seventh Circuit · 2009
- California Wine Asso. v. Wisconsin Liquor Co.Wisconsin Supreme Court · 1963
- Theuerkauf v. SuttonWisconsin Supreme Court · 1981
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