Reliance Auto Repair Co. v. Nugent
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: Lawrence W. Halsey, Circuit Judge. Plaintiff sued in the civil court of Milwaukee county to recover $93.35 for repairs upon and storage of defendant’s automobile and recovered judgment therefor after a trial by the court, a jury trial having been waived. The defendant appealed to the circuit court, where the judgment was affirmed upon the record notwithstanding the •defendant’s demand for a trial by jury.
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Appeal from a judgment of tbe circuit court for Milwaukee county: Lawrence W. Halsey, Circuit Judge. Plaintiff sued in the civil court of Milwaukee county to recover $93.35 for repairs upon and storage of defendant’s automobile and recovered judgment therefor after a trial by the court, a jury trial having been waived. The defendant appealed to the circuit court, where the judgment was affirmed upon the record notwithstanding the •defendant’s demand for a trial by jury. The defendant appeals from that judgment.
1Opinion of the Court
The following opinion was filed November 17, 1914:
WiNsnow, C. J.
The defendant’s chief contention is that under sec. 5 of art. I of the state constitution, which provides that “the right of trial by jury shall remain inviolate,” he was entitled to a jury trial in the circuit court, and that so much of the Civil Court Act (ch. 549, .Laws of 1909) as purports to authorize the circuit court on appeal to affirm or modify judgments of the first named court upon the record without a jury trial is unconstitutional.
The Civil Court Act provides (sec. 19, ch. 549, supra) that either party to a civil…
2Cases cited11 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Christianson v. Pioneer Furniture Co.Wisconsin Supreme Court · 1898
- Adams v. CorristonSupreme Court of Minnesota · 1862
- Gaston v. BabcockWisconsin Supreme Court · 1858
- Conneau v. GeisCalifornia Supreme Court · 1887
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3Cited by14 opinions
- Breimhorst v. BeckmanSupreme Court of Minnesota · 1949
- City of Beloit v. Town of BeloitWisconsin Supreme Court · 1968
- State v. GriffithIdaho Supreme Court · 1975
- County of Portage v. SteinpreisWisconsin Supreme Court · 1981
- State Ex Rel. Sowle v. BrittichWisconsin Supreme Court · 1959
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