Littlejohn v. Regents of the University of Wisconsin
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. ' The facts will sufficiently appear from the opinion. They contended, inter alia, that the action is one of tort. Ross v. Mather, 51 N. Y. 113; Matthews v. Gady, 61 id. 651; People v. Dennison, 19 Hun, 137; People v. Peek, 57 How. Pr. 315; Berrian v. Mayor, 15 Abb. Pr. (N. S.), 208; Peek v. Root, 5 Hun, 547. An action of tort cannot be referred without consent.
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APPEAL from the Circuit Court for Dane County. ' The facts will sufficiently appear from the opinion. They contended, inter alia, that the action is one of tort. Ross v. Mather, 51 N. Y. 113; Matthews v. Gady, 61 id. 651; People v. Dennison, 19 Hun, 137; People v. Peek, 57 How. Pr. 315; Berrian v. Mayor, 15 Abb. Pr. (N. S.), 208; Peek v. Root, 5 Hun, 547. An action of tort cannot be referred without consent. Olark v. Oandee, 29 Hun, 139; Welsh v. Darragh, 52 N. Y. 590; Yerplanek v. Kendall, 45 N. Y. Super. Ct. 525; Wood v. Hope, 2 Abb. N. 0. 186; Townsend v. Hendricks, 40 How. Pr. 143;…
1Opinion of the CourtOetox, J.
As near as I can apprehend the object of this action from the statements, allegations, and prayer of the complaint, it is to recover the balance due upon the performance of a written contract between the plaintiff and John Trumbull and Gilbert Anderson of the one part, and the defendants of the other part, for constructing certain buildings for the university, of the contract price, and for .extra work and materials, now owned by the plaintiff alone. In order to remove all obstruction to such recovery, it is alleged that the superintendent of said work,— appointed by the defendants according…
2Cases cited7 opinions
- County Board of Supervisors v. DunningWisconsin Supreme Court · 1866
- Druse v. HorterWisconsin Supreme Court · 1883
- Town of Fifield v. SweeneyWisconsin Supreme Court · 1885
- Shaw v. AyrsNew York Supreme Court · 1825
- Littlejohn v. JacobsWisconsin Supreme Court · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Jordan v. Estate of WarnerWisconsin Supreme Court · 1900
- State ex rel. Hustisford Light, Power & Manufacturing Co. v. GrimmWisconsin Supreme Court · 1932
- Killingstad v. MeigsWisconsin Supreme Court · 1911
- Andrus v. Home Insurance Co. of New YorkWisconsin Supreme Court · 1889
- Winnebago County v. Dodge CountyWisconsin Supreme Court · 1905
5 more not listed; retrieve them via the Exa API.