Gavahan v. Village of Shorewood

The trial judge was of opinion that upon the evidence the plaintiff was entitled to recover $800, but considered that the action was in equity, and that the court was without power to grant him relief because the action as brought was one at law. In this he was wrong in two respects. The action is one commonly denominated for money had and received, which is an action at law. Steuerwald v. Richter, 158 Wis. 597, 149 N. W. 692; 41 Corp. Jur. p. 28. And if it were in equity the court should have dismissed the jury of his own motion and proceeded with the case or proceeded with it without…