Buechel v. Buechel
Wisconsin Supreme Court
APPEAL from the County Court of Fond d/u Lao County. The complaint alleges that on April 13, 1881, the defendant entered into an agreement in writing whereby he prom-isedto pay the plaintiffs $50 a year during their lives, payable Fovember 1st, and to deliver to them, among other articles of personal property, one ton of hay and five bushels of oats in each year.
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APPEAL from the County Court of Fond d/u Lao County. The complaint alleges that on April 13, 1881, the defendant entered into an agreement in writing whereby he prom-isedto pay the plaintiffs $50 a year during their lives, payable Fovember 1st, and to deliver to them, among other articles of personal property, one ton of hay and five bushels of oats in each year. Default in the cash payments of 1883 and 1884, and also in the delivery of the ton of hay and five bushels of oats due in 1884, is alleged in the complaint, and judgment therefor, with interest, is demanded. The answer alleges that…
1Opinion of the CourtLyox, J.
1. There can be no doubt of the jurisdiction of a justice of the peace over this case. It is for instalments *534clue on a bond, amounting to less than $200. This jurisdiction is conferred by subd. 3, sec. 3572, R. S. Such jurisdiction is not affected by the fact that the bond is for $500. The judgment goes only for the sum actually due on the bond, not for the penalty. R. S. sec. 2890. Neither is the jurisdiction of the justice affected by the further fact that the performance of the condition thereof is secured by a mortgage on real estate. The plaintiffs may maintain an action at law upon the…
2Cases cited1 opinion
- West v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1882
3Cited by5 opinions
- Hoey v. PierronWisconsin Supreme Court · 1886
- Jones v. FosterWisconsin Supreme Court · 1886
- Foust v. BibbCourt of Appeals of Texas · 1924
- Volcano Stables & Transportation Co v. HayashiHawaii Supreme Court · 1901
- Lipsmeier v. VehslageU.S. Circuit Court for the District of Eastern Missouri · 1886