Legal Opinion

Conway v. Mitchell

Wisconsin Supreme Court

Decided October 22, 1897PublishedCited by 12 opinions

Appeal from a judgment of the circuit court for Milwaukee county: I). IT. JohesoN, Circuit Judge. The complaint alleges, in effect, the following facts: On February 23, 1891, the defendant cabled to the plaintiff, requesting him to come at once to Milwaukee for the purpose of preparing and submitting to him a model for a soldiers’ monument, to be erected at such place in Milwaukee as the defendant should designate.

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Appeal from a judgment of the circuit court for Milwaukee county: I). IT. JohesoN, Circuit Judge. The complaint alleges, in effect, the following facts: On February 23, 1891, the defendant cabled to the plaintiff, requesting him to come at once to Milwaukee for the purpose of preparing and submitting to him a model for a soldiers’ monument, to be erected at such place in Milwaukee as the defendant should designate. The plaintiff, in pursuance of such request, prepared and submitted designs for such a monument. At the suggestion of the defendant an advisory committee was selected, of which he…

1Opinion of the CourtCassoday, C. J.

1. It appears that the defendant requested the court to direct the jury to find a special verdict as required by the statute. That statute made it the imperative duty of the court to prepare such verdict “ in the form of questions, in writing, relating only to material issues of fact and admitting a direct answer.” R. S. sec. 2858. The counsel for the plaintiff propounded five questions to be submitted, including questions as to whether the work was to be done “ at an agreed price,” and, if so, the amount. The court prepared and submitted the second, third, and fourth questions, referred to…

2Cases cited17 opinions

  1. Broadwell v. GetmanNew York Supreme Court · 1846
  2. Jilson v. GilbertWisconsin Supreme Court · 1870
  3. Chopin v. Badger Paper Co.Wisconsin Supreme Court · 1892
  4. Reed v. City of MadisonWisconsin Supreme Court · 1893
  5. Treat v. HilesWisconsin Supreme Court · 1887

12 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Ward v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1899
  2. Banderob v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1907
  3. Morrison v. LeeNorth Dakota Supreme Court · 1904
  4. Meyer v. Home Insurance Co.Wisconsin Supreme Court · 1906
  5. State ex rel. Mitchell v. JohnsonWisconsin Supreme Court · 1899

7 more not listed; retrieve them via the Exa API.

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