Rathmann v. Schwanz
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: W. B. Quinlan, Judge. The appeal is from an order reversing a judgment of the civil court of Milwaukee county and directing a new trial in the circuit court. Two trials were had in the civil court, one on the traverse in the attachment proceeding and the other of the issues raised by the complaint, answer, counterclaim, and reply thereto.
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Appeal from an order of the circuit court for Milwaukee county: W. B. Quinlan, Judge. The appeal is from an order reversing a judgment of the civil court of Milwaukee county and directing a new trial in the circuit court. Two trials were had in the civil court, one on the traverse in the attachment proceeding and the other of the issues raised by the complaint, answer, counterclaim, and reply thereto. The action was brought by plaintiff for damages for alleged breach of contract. The plaintiff proceeded by both garnishment and attachment, and the issues presented by the traverse to the…
1Opinion of the CourtSiebecicer, J.
The civil court’s judgment in dismissing the principal action commenced by plaintiff to recover damages for breach of contract includes a determination of the issues in the’ attachment proceedings. Plaintiff’s appeal from this judgment carried the attachment proceeding to the circuit court with the principal action.
The circuit court granted a new trial in the action upon the record on the ground that the evidence offered by the plaintiff on the trial of the issues in the principal action and on the trial of the issues presented by the special traverse iti the attachment proceedings was…
2Cases cited2 opinions
- Stowell v. EldredWisconsin Supreme Court · 1876
- Weston v. McMillanWisconsin Supreme Court · 1877
3Cited by2 opinions
- Western MacHinery Company, a Corporation v. Northwestern Improvement Company, a CorporationCourt of Appeals for the Ninth Circuit · 1958
- Zbikowski v. StrazWisconsin Supreme Court · 1940