Buttrick v. Roy
Wisconsin Supreme Court
APPEAL from the Circuit Court for Taylor County. Roy, the defendant in error, who was the plaintiff below, brought this action to recover (1) the amount due on a promissory note given by Buttrioh, the plaintiff in error, to him for $923.80, dated December 1,1881, and payable April 1, 18S2; and (2) on an account against Buttriohlor labor and services performed for, and money paid for the use and .benefit of, Buttrioh.
Read the full summary
APPEAL from the Circuit Court for Taylor County. Roy, the defendant in error, who was the plaintiff below, brought this action to recover (1) the amount due on a promissory note given by Buttrioh, the plaintiff in error, to him for $923.80, dated December 1,1881, and payable April 1, 18S2; and (2) on an account against Buttriohlor labor and services performed for, and money paid for the use and .benefit of, Buttrioh. The answer of Buttrioh alleges pay;ment, both of the note and the account, and contains ■ a counterclaim on an account for money paid and for merchandise sold and delivered to…
1Opinion of the CourtLyon, J.
I. The defendant in error moved at the hearing to dismiss the writ of error on the ground that the writ does not lie in a case in which, as in this case, the court has power to award, and does award, a compulsory reference. The point is not well taken, and the motion must be denied.
A writ of error lies after judgment in any action at law in a court of record, to correct some supposed mistake in the proceedings or judgment of the court. Burrill, Law Diet. tit. Error; 3 Bl. Comm. 406; 2 Tidd, Pr. 1134, 1141; Archb. Pr. 325; Co. Litt. 288b. The right to a writ of error is secured by the…
2Cases cited1 opinion
- Crocker v. StateWisconsin Supreme Court · 1884
3Cited by8 opinions
- Jackson v. StateWisconsin Supreme Court · 1896
- Ogden v. StateWisconsin Supreme Court · 1916
- State ex rel. Andrews v. City of OshkoshWisconsin Supreme Court · 1893
- Ætna Accident & Liability Co. v. LymanWisconsin Supreme Court · 1913
- Farmers Fire Insurance v. ConradWisconsin Supreme Court · 1899
3 more not listed; retrieve them via the Exa API.