Butler v. Wagner
Wisconsin Supreme Court
APPEAL irom the Circuit Court for Grant County. Plaintiffs brought their action in a justice’s court, in February, 1871, to recover as indorsees or holders of a promissory note, purporting to have been drawn by defendant, April 28, 1869, for $100, payable in one year from date, with interest at ten per cent. Defendant answered, denying under oath the execution of the note, and alleging that it was a forgery.
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APPEAL irom the Circuit Court for Grant County. Plaintiffs brought their action in a justice’s court, in February, 1871, to recover as indorsees or holders of a promissory note, purporting to have been drawn by defendant, April 28, 1869, for $100, payable in one year from date, with interest at ten per cent. Defendant answered, denying under oath the execution of the note, and alleging that it was a forgery. Judgment for defendant for costs, from which plaintiffs appealed to tbe circuit court. On the trial in that court, after the evidence was all in and the arguments of counsel concluded,…
1Opinion of the Court
DixoN, 0. J.
This action was instituted, tried and determined before a justice of the peace, and an appeal taken from his judgment to the circuit court, when the law stood as in Howard v. Mansfield, 80 Wis., 75. It was so commenced, tried and determined, and the appeal taken, after the act of 1870, there spoken of, was in force, and before the act of 1871 was approved and published. It was a suit upon one note instead of hvo as in the case referred to, and that note was for the payment of more than one hundred dollars. Counsel for the defendant argue that it was not a note given for the…
2Cases cited2 opinions
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