Legal Opinion

Maynard v. Tidball

Wisconsin Supreme Court

Decided December 15, 1853PublishedCited by 4 opinions

ERROR TO ROCK COUNTY COURT. This cause comes here by writ of error issued to the Rock County Court. The cause was originally commenced before a justice of the peace in said county, by the plaintiff in error against the defendant in error. . The plaintiff declared in plea of assumpsit, for that the said defendant was, on the 1st day of May, 1850, indebted to the said plaintiff in, «fee., for work and labor; also for goods, To which the defendant pleaded the general issue, and…

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ERROR TO ROCK COUNTY COURT. This cause comes here by writ of error issued to the Rock County Court. The cause was originally commenced before a justice of the peace in said county, by the plaintiff in error against the defendant in error. . The plaintiff declared in plea of assumpsit, for that the said defendant was, on the 1st day of May, 1850, indebted to the said plaintiff in, «fee., for work and labor; also for goods, To which the defendant pleaded the general issue, and gave notice ; that the action was brought to recover for work done and performed under a special contract, a copy of…

1Opinion of the Court

By the Court,

Crawford, J.

In this case, which originated before a justice of the peace in Rock county, the plaintiff' in error, who was the plaintiff in the action, obtained a judgment in the justices’ court for eighty-five dollars damages, and costs, and the defendant removed the case by appeal to the County Court of that county.

On the trial of the case in the County-Court, upon the same issue tried before the justice, the plaintiff offered to read in evidence a certain contract entered into by the parties to the suit, whereby Maynard agreed to perform the mason work and plastering necessary…

2Cases cited3 opinions

  1. Chesapeake and Ohio Canal Company v. Knapp and OthersSupreme Court of the United States · 1835
  2. Robertson v. LynchNew York Supreme Court · 1821
  3. People v. Judges of Oneida Common PleasNew York Supreme Court · 1839

3Cited by4 opinions

  1. Fobes v. School DistrictWisconsin Supreme Court · 1859
  2. Swineford v. PomeroyWisconsin Supreme Court · 1863
  3. Tietz v. TietzWisconsin Supreme Court · 1895
  4. Cameron v. AustinWisconsin Supreme Court · 1886

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