Power v. Rockwell
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The complaint in this action contained two counts: 1. For hauling and placing upon a certain lot of the plaintiff and on streets adjoining, before December 1, 1870, 1,889 yards of earth and sand, at an agreed rate of thirty-five cents per yard.
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APPEAL from the Circuit Court for Milwaukee County. The complaint in this action contained two counts: 1. For hauling and placing upon a certain lot of the plaintiff and on streets adjoining, before December 1, 1870, 1,889 yards of earth and sand, at an agreed rate of thirty-five cents per yard. It is alleged that this was done at defendant’s request; that after its completion he promised to pay for the work at the rate aforesaid; but that he has paid no part of the price, and is indebted to plaintiff for such filling, in the full sum of $661.15, with interest' from the date above named. 2.…
1Opinion of the CourtRyaN, C. J.
There is no bill of exceptions in this case; and we must determine the question of costs from the pleadings and the verdict.
The second cause of action is upon a quamtwm, meruit for services. If the recovery of $25 applied to that count of the eomplaint only, we should he obliged to hold that “ the result *589of tbe trial shows that tbe controversy was cognizable by a justice of tbe peace.” Dunning v. Faulkner, 10 Wis., 394. In sucb a case, it is only tbe ad dcm/nv/m which takes tbe action out of tbe jurisdiction of a justice; and tbe plaintiff proceeds in tbe circuit court, laying bis damages…
2Cases cited3 opinions
- Felt v. FeltWisconsin Supreme Court · 1865
- Dunning v. FaulknerWisconsin Supreme Court · 1860
- Van Patten v. WilcoxWisconsin Supreme Court · 1873
3Cited by3 opinions
- Edleman v. KiddWisconsin Supreme Court · 1885
- Trimborn v. ReimerWisconsin Supreme Court · 1901
- White v. HaleWisconsin Supreme Court · 1879