Bertschy v. McLeod
Wisconsin Supreme Court
APPEAL from the Comity Court of Milwaukee County. This action was brought to recover an alleged unpaid balance due from the defendant to the plaintiff for a steam engine and fixtures furnished by the plaintiff to defendant, pursuant to a written agreement between the parties, a copy of which is inserted in the complaint.
Read the full summary
APPEAL from the Comity Court of Milwaukee County. This action was brought to recover an alleged unpaid balance due from the defendant to the plaintiff for a steam engine and fixtures furnished by the plaintiff to defendant, pursuant to a written agreement between the parties, a copy of which is inserted in the complaint. The answer contains, in addition to certain matters pleaded as defenses, two counterclaims, one of which alleges that the written agreement does not contain the contract made by the parties and which they intended to include therein, in that an important portion of such…
1Opinion of the CourtLyoN, J.
The following propositions must, we think, be *210conceded: 1st. At the common law, a plaintiff bad the absolute right to discontinue bis action before or after issue joined, and without leave of court. 2nd. In suits in equity, under the former practice, the plaintiff might, in like manner, dismiss his bill, but such dismissal did not carry with it a cross bill interposed by the defendant. 2 Barb. Ch. Pr., 128 and cases cited. 3d. The right of discontinuance is not affected by the code, but remains the same, both in legal and equitable actions, as under the former practice.
By the common law,…
2Cases cited1 opinion
- Jones v. DowWisconsin Supreme Court · 1862
3Cited by11 opinions
- State ex rel. City of Milwaukee v. LudwigWisconsin Supreme Court · 1900
- Cash v. KruschkeWisconsin Supreme Court · 1908
- Grignon v. BlackWisconsin Supreme Court · 1890
- Schaetzel v. City of HuronSouth Dakota Supreme Court · 1894
- La Montagne v. T. W. Harvey Lumber Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1891
6 more not listed; retrieve them via the Exa API.