Heath v. Heath
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Ioiva County. This action was commenced before a justice of tbe peace in January, 1871. Tbe complaint alleged that plaintiff and defendant, on tbe 9tb of April, 1867, entered into a written contract with tbeir mother, Lydia C. Heatb, whereby they mutually covenanted to provide for, keep and maintain said Lydia C. Heath, in tbeir family circle, and to furnish her with all tbe necessaries of life, etc., and that in pursuance of said contract,…
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APPEAL from tbe Circuit Court for Ioiva County. This action was commenced before a justice of tbe peace in January, 1871. Tbe complaint alleged that plaintiff and defendant, on tbe 9tb of April, 1867, entered into a written contract with tbeir mother, Lydia C. Heatb, whereby they mutually covenanted to provide for, keep and maintain said Lydia C. Heath, in tbeir family circle, and to furnish her with all tbe necessaries of life, etc., and that in pursuance of said contract, plaintiff did, from said 9th of April, 1867, until tbe 9th of April, 1870, maintain and provide ior said Lydia C. Heath,…
1Opinion of the CourtCole, J.
In this case the plaintiff insists that the matters set up in the answer as a defense or counterclaim were obnoxious to two objections: first, that an investigation of them exceeded the amount over which the justice had jurisdiction; and second, that the statute of limitations had run against those claims.
We cannot see that any question of jurisdiction arises upon this record. It is true, an investigation of all the accounts and demands set up in the answer would exceed the jurisdiction of the justice. But what is there to show that the justice attempted to investigate them? It seems there…
2Cited by13 opinions
- Biest v. VerSteeg Shoe Co.Missouri Court of Appeals · 1902
- Chase v. HinkleyWisconsin Supreme Court · 1905
- Treat v. HilesWisconsin Supreme Court · 1887
- Quirk v. Bank of Commerce & Trust Co.Court of Appeals for the Sixth Circuit · 1917
- Hyde v. Supervisors of Kenosha CountyWisconsin Supreme Court · 1877
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