Woodlock v. Combs
Wisconsin Supreme Court
APPEAL from the Circuit Court for Lincoln County. Action to recover a certain sum alleged to be due plaintiff from defendant, for service rendered, labor performed, money advanced and indebtedness incurred, by the former for the latter, at his request.
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APPEAL from the Circuit Court for Lincoln County. Action to recover a certain sum alleged to be due plaintiff from defendant, for service rendered, labor performed, money advanced and indebtedness incurred, by the former for the latter, at his request. At the close of plaintiff’s evidence, defendant moved for a nonsuit, on the ground that such evidence showed a contract, not with defendant as alleged, but with one Sailes as a partner of defendant, who was therefore jointly liable with the latter and a necessary party to the suit; but this motion was denied. Defendant excepted to the order…
1Opinion of the CourtOetoN, J.
There is neither a certificate of the judge before whom this case was tried, nor stipulation of the parties, that the bill of exceptions contains all of the evidence given on the trial; and therefore the exceptions taken to the refusal of the court to grant a nonsuit, or to the instructions given to the jury, are of no avail, and cannot be considered by this court. Paine v. Smith, 32 Wis., 335. For the same reason, the jury must be presumed to have found upon sufficient evidence, that the services were rendered upon the contract, and that such contract was made with the plaintiff, and that it…
2Cases cited2 opinions
- Eaton v. WoollyWisconsin Supreme Court · 1871
- Paine v. SmithWisconsin Supreme Court · 1873