Gorton v. Bailey
Wisconsin Supreme Court
APPEAL from the County Court of Winnebago County. The case is thus stated by Mr. Justice Tayloe: “ This case was originally commenced in a justice’s court. After judgment for the plaintiffs in that court, they appealed to the county court of Winnebago county, making the necessary affidavit to entitle them to a new trial in such court.
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APPEAL from the County Court of Winnebago County. The case is thus stated by Mr. Justice Tayloe: “ This case was originally commenced in a justice’s court. After judgment for the plaintiffs in that court, they appealed to the county court of Winnebago county, making the necessary affidavit to entitle them to a new trial in such court. The return of the justice was filed with the clerk of the county court on the eighth day of February, 1878. Previous to the date of the return, both parties noticed the cause for trial at the February term of said court, which commenced on the eleventh day of…
1Opinion of the CourtTaylob, J.
The record shows that' both plaintiffs and defendant noticed the cause for trial at the February term of the court, 1878, and mutually accepted service of such notice. *636The cause was placed on tlie calendar for said term, and remained thereon without objection for the entire term. The defendant, having himself noticed the case for trial at the February term, and permitted the same to remain on the calendar for the whole of said term without moving to strike it therefrom, is, we think, estopped from now insisting that it was not regularly noticed. The return of the justice had been made and…
2Cases cited6 opinions
- Bonnell v. GrayWisconsin Supreme Court · 1875
- Pinger v. VanclickWisconsin Supreme Court · 1874
- Demming v. WestonWisconsin Supreme Court · 1862
- Green v. GilbertWisconsin Supreme Court · 1867
- Jones v. ParishWisconsin Supreme Court · 1845
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3Cited by2 opinions
- Mills v. National Fire InsuranceWisconsin Supreme Court · 1896
- Little v. StaplesWisconsin Supreme Court · 1898