West v. Vanden Brook
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outagamie County. The following statement of the case was prepared by Mr. Justice Tayxok, as a part of the opinion: The plaintiff commenced an action in a justice’s court to recover the value of certain personal property, for the value of which the defendant was indebted to him; alleges the value of the property to be the sum of $81.12; and demands judgment for said sum, less $15.36, which is admitted to have been paid.
Read the full summary
APPEAL from the Circuit Court for Outagamie County. The following statement of the case was prepared by Mr. Justice Tayxok, as a part of the opinion: The plaintiff commenced an action in a justice’s court to recover the value of certain personal property, for the value of which the defendant was indebted to him; alleges the value of the property to be the sum of $81.12; and demands judgment for said sum, less $15.36, which is admitted to have been paid. A bill of particulars was filed by the plaintiff, showing that the demand was for farm products, labor, and team work. The defendant did not…
1Opinion of the CourtTaylor, J.
It is insisted by the learned counsel for the appellant that there is no evidence to support the judgment rendered in the justice’s court, and that it was error for the circuit court to affirm such judgment.
The plaintiff in the action having appealed from the *471judgment of the justice, and having waived the right to a new trial upon the merits in the circuit court, and there being no error shown in the proceedings in the justice’s court, the only question for the circuit court was to determine whether there was any evidence to support the verdict rendered by the jury on the trial in the…
2Cases cited4 opinions
- Martin v. BeckwithWisconsin Supreme Court · 1856
- Campbell v. BabbittsWisconsin Supreme Court · 1881
- Hassa v. JungerWisconsin Supreme Court · 1862
- Persons' Adm's. v. BurdickWisconsin Supreme Court · 1858