Holendyke v. Newton
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dodge County. The case is thus stated by Mr. Justice Tayloe: « This is an action upon a promissory note given by the appellant to the respondent in part payment for lumber sold and delivered by the respondent to the appellant.
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APPEAL from the Circuit Court for Dodge County. The case is thus stated by Mr. Justice Tayloe: « This is an action upon a promissory note given by the appellant to the respondent in part payment for lumber sold and delivered by the respondent to the appellant. The appellant admitted the making and delivery of the note, and set up, by way of defense to a part of the note, that it was given in part payment for a bill of lumber, and that respondent had agreed that the appellant should have the lumber at the same cost price and rate as that received by Marshall Harris of Henry Butterfield, for a…
1Opinion of the CourtTayloR, J.
The only errors alleged on this appeal are the1 rulings of the referee and of the circuit court upon the objections to the evidence offered by the defendant. We think the appellant has lost any right to the benefit of his exceptions to these rulings of the referee, by refusing to produce the evidence when the referee offered to receive the same and report it to the court notwithstanding the objections of the plaintiff.
This court has several times suggested that it was the better practice, in cases tried by a referee or by the court without a jury, to take the evidence offered by' either…
2Cases cited1 opinion
- Yates v. ShepardsonWisconsin Supreme Court · 1870
3Cited by2 opinions
- Duffy v. HickeyWisconsin Supreme Court · 1887
- Estate of Newman v. NewmanWisconsin Supreme Court · 1931