Hart v. Godkin
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Vilas county: A. J. Venue, Judge. Action to recover $168.14, on facts alleged, to the effect that the plaintiff worked for defendant in a logging camp as foreman twelve months and nine days at $60 per month, and twenty-three days as a scaler at $35 per month, and expended while in defendant’s business, at his request, $104.60; that the indebtedness which thus accrued for expenditures and $638.58 to apply on wages was paid,…
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Appeal from a judgment of the circuit court for Vilas county: A. J. Venue, Judge. Action to recover $168.14, on facts alleged, to the effect that the plaintiff worked for defendant in a logging camp as foreman twelve months and nine days at $60 per month, and twenty-three days as a scaler at $35 per month, and expended while in defendant’s business, at his request, $104.60; that the indebtedness which thus accrued for expenditures and $638.58 to apply on wages was paid, leaving a balance of $168.14, sued for. The defendant put in issue the amount of plaintiff’s claim, alleging payment of…
1Opinion of the CourtMarshall, J.
Tbe first error assigned is tbe refusal to consider tbe application for a compulsory reference because .a previous motion therefor bad been denied and precluded considering tbe matter again. Tbe claim of appellant’s counsel tbat tbe right to a reference under sec. 2864, Stats. 1898, is absolute must be ruled in favor of tbe respondent, this court having so held on such a proposition in McCormick v. Ketchum, 51 Wis. 323, 8 N. W. 208. Tbe language of tbe •statute “All or any of tbe issues in tbe action . . . may be referred” etc., is permissive. It makes an application for reference a matter…
2Cases cited18 opinions
- Dutcher v. DutcherWisconsin Supreme Court · 1876
- Murray v. BuellWisconsin Supreme Court · 1889
- F. Dohmen Co. v. Niagara Fire InsuranceWisconsin Supreme Court · 1897
- Patnode v. WestenhaverWisconsin Supreme Court · 1902
- Bourda v. JonesWisconsin Supreme Court · 1901
13 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Miller v. StateWisconsin Supreme Court · 1909
- Farmers & Merchants Bank v. Reedsburg BankWisconsin Supreme Court · 1961
- Zweifel v. Milwaukee Automobile Mutual InsuranceWisconsin Supreme Court · 1965
- Veazey v. City of DurhamSupreme Court of North Carolina · 1950
- Paschong v. HollenbeckWisconsin Supreme Court · 1961
14 more not listed; retrieve them via the Exa API.