Lambrecht v. Holsaple
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Sauk county: James O’Neill, Circuit Judge. Adolph Lambrecht bought a horse of defendant, paying therefor $97.50. Thereafter he, so far as competent to dcso, rescinded the transaction upon the ground of fraud and of his being a minor. He then, by his next friend, commenced this action in justice’s court to recover the money he paid. At the trial, he renewed his offer to return the horse, but defendant would not receive it.
Read the full summary
Appeal from a judgment of tbe circuit court for Sauk county: James O’Neill, Circuit Judge. Adolph Lambrecht bought a horse of defendant, paying therefor $97.50. Thereafter he, so far as competent to dcso, rescinded the transaction upon the ground of fraud and of his being a minor. He then, by his next friend, commenced this action in justice’s court to recover the money he paid. At the trial, he renewed his offer to return the horse, but defendant would not receive it. He recovered judgment and the case was appealed to the circuit court. In such court, upon proof satisfactory to the trial…
1Opinion of the CourtMaesi-iaix, J.
The points suggested by appellant will be briefly referred to.
If respondent was out of the state at the time of the trial, his evidence taken in justice’s court was competent to be introduced. Sec. 4141a, Stats.; Szeliwicki v. Connor L. & L. Co. 163 Wis. 20, 156 N. W. 622.
Whether respondent was out of the state or not, so as to render admissible his evidence taken upon the first trial, was a question of fact for the court to decide. Proof was produced to establish such absence which was deemed prima facie sufficient. No evidence to the contrary was offered. It does not appear that the…
2Cases cited3 opinions
- Emery v. StateWisconsin Supreme Court · 1899
- Lavin v. Mutual Aid SocietyWisconsin Supreme Court · 1889
- Szeliwicki v. Connor Lumber & Land Co.Wisconsin Supreme Court · 1916
3Cited by3 opinions
- Schofield v. RideoutWisconsin Supreme Court · 1940
- Leiterman v. BurnetteWisconsin Supreme Court · 1955
- Leiterman v. BurnetteWisconsin Supreme Court · 1955