Legal Opinion

Power v. Rockwell

Wisconsin Supreme Court

Decided January 15, 1876PublishedCited by 3 opinions

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.

Read the full summary

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

  1. Felt v. FeltWisconsin Supreme Court · 1865
  2. Dunning v. FaulknerWisconsin Supreme Court · 1860
  3. Van Patten v. WilcoxWisconsin Supreme Court · 1873

3Cited by3 opinions

  1. Edleman v. KiddWisconsin Supreme Court · 1885
  2. Trimborn v. ReimerWisconsin Supreme Court · 1901
  3. White v. HaleWisconsin Supreme Court · 1879

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API