Riley v. Mitchell
Wisconsin Supreme Court
APPEAL from the Circuit Court for Chippewa County. Action on money demand on contract. The issue, involving the examination of a long account, was referred to a referee. On the trial before the referee, numerous exceptions were taken to his rulings, in admitting and excluding evidence.
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APPEAL from the Circuit Court for Chippewa County. Action on money demand on contract. The issue, involving the examination of a long account, was referred to a referee. On the trial before the referee, numerous exceptions were taken to his rulings, in admitting and excluding evidence. The bill of exceptions contains the evidence and these exceptions, and recites that, “on the hearing to confirm the report of the referee, the defendant’s attorney moved to set it aside, and for a new trial, which was overruled, and the defendant’s counsel excepted. And because none of said exceptions appear,”…
1Opinion of the CourtCole, J.
The counsel for the defendant seeks to have this court review the exceptions taken to the rulings of the referee in excluding and admitting evidence on the trial before him. It does not appear that these exceptions have ever been considered and passed upon by the circuit court, and they, therefore, cannot be reviewed by this court. The practice in such cases is settled in Jenkins v. Esterly, 22 Wis., 128, and Gilbank v. Stephenson, 30 id., 155. In the former case it is said that the statute upon the subject evidently contemplates that whenever exceptions are taken to the rulings of the…
2Cases cited1 opinion
- Jenkins v. EsterlyWisconsin Supreme Court · 1867
3Cited by5 opinions
- Monitor Iron Works Co. v. KetchumWisconsin Supreme Court · 1878
- Fairbank v. NewtonWisconsin Supreme Court · 1879
- Momsen v. AtkinsWisconsin Supreme Court · 1900
- Shabanaw v. C. C. Thompson & Walkup Co.Wisconsin Supreme Court · 1891
- Berning v. GieseWisconsin Supreme Court · 1957