Meyer v. Foster
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. Meyer brought an action against Foster to recover for work and labor; the defendant denied the complaint, and put in a set-off, and demanded a trial by jury. The jury found a verdict for the plaintiff of $12, and judgment was rendered in his favor for that sum and $17.11 costs .of suit. The defendant appealed to the circuit court.
Read the full summary
APPEAL from the Circuit Court for Jefferson County. Meyer brought an action against Foster to recover for work and labor; the defendant denied the complaint, and put in a set-off, and demanded a trial by jury. The jury found a verdict for the plaintiff of $12, and judgment was rendered in his favor for that sum and $17.11 costs .of suit. The defendant appealed to the circuit court. The return of the justice did not show that an officer was sworn to take charge of the jury, nor did it show that they retired to consider of their verdict. It showed that an interpreter was sworn on the trial, and…
1Opinion of the Court
By the Court,
Dixon, C. J.
It does not appear from the return of the justice that the jury left the court. They may have considered and rendered their verdict without retiring, in which case there was no necessity of their being put under the charge of an officer, or of his being sworn. Hatch vs. Mann, 9 Wend., 262.
To justify the reversal of the judgment for an improper taxation of costs, it must appear affirmatively that the justice erred. Fuller vs. Wilcox, 19 Wend., 351. Ho presumptions will be indulged against the regularity of his proceedings. If the appellant relies upon the want of an…
2Cases cited2 opinions
- Hatch v. MannNew York Supreme Court · 1832
- Fuller v. WilcoxNew York Supreme Court · 1838
3Cited by1 opinion
- Leary v. LearyWisconsin Supreme Court · 1887