Ganet v. Mears
Wisconsin Supreme Court
ERROR TO THE OIROUIT COURT OR DAM COUNTY. This was an action of assumpsit commenced by the plaintiffs in error, before P. S. Eider, a justice of the peace for the county of Dane, against the defendants in error. The declaration was upon a special contract for flouring one hundred bushels of .wheat, at a certain price per bushel, and the common counts for work and labor, &c., to which declaration the defendants pleaded the general issue.
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ERROR TO THE OIROUIT COURT OR DAM COUNTY. This was an action of assumpsit commenced by the plaintiffs in error, before P. S. Eider, a justice of the peace for the county of Dane, against the defendants in error. The declaration was upon a special contract for flouring one hundred bushels of .wheat, at a certain price per bushel, and the common counts for work and labor, &c., to which declaration the defendants pleaded the general issue. On the 26th of March, 1855, the cause was tried, and plaintiffs recovered judgment against the defendants for $28.88 damages, and $12.53 costs of suit*. From…
1Opinion of the Court
By the Court,
Cole, J.
We are of the opinion that there was error in the ruling of the Circuit Court, in requiring that the plaintiffs should pay all costs up to the time of granting the motion of discontinuance as to the defendant Ripley. Section 18, chap. 100, B. S. provides that, “ where any action founded on contract is brought against several persons, the plaintiff may be allowed, at any time before the cause is argued to the jury, and if there is no such argument, at any time before it is committed to the jury by the court, to discontinue as against any of the defendants, upon payment of…
2Cited by1 opinion
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