Jewett v. Whalen
Wisconsin Supreme Court
APPEAL EROM CIRCUIT COURT, DANE COUNTY. This was an action brought by John H. Jewett, James L. Gates and Henry Johnson, against James Whalen, by attachment. The facts of the case sufficiently appear by the opinion of the court. The evidence was all saved by a bill of exceptions, but there was no motion for a new trial. Judgment was rendered for the plaintiffs, and the defendant appealed.
1Opinion of the Court
By the Oourt,
Cole, J.
This action was commenced in 1854, by a writ of attachment, &c. The declaration contains the usual indebatatus count, and two special counts, upon two promissory notes, which constituted the cause of action. Issue was made'up on the merits of the action, and there was also a traverse of the allegations of the affidavit, upon which the writ of attachment was issued. A jury trial was waived by the parties, and both the issue upon the traverse of the affidavit and on the merits, was tried at the same time by the circuit court, and judgment rendered upon the notes against the…
2Cases cited1 opinion
- Merchants' Bank v. SpicerNew York Supreme Court · 1831
3Cited by4 opinions
- Nesbit v. HinesSupreme Court of Kansas · 1876
- Pennsylvania Steel Co. v. J. E. Potts Salt & Lumber Co.Court of Appeals for the Sixth Circuit · 1894
- First State Bank of Humbird v. CoxWisconsin Supreme Court · 1927
- Tyler Tap Railroad v. J. Driscol & Co.Texas Supreme Court · 1879