Mead v. Walker
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bock County. Action to recover a certain sum claimed to be due upon an account for moneys advanced and services rendered.
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APPEAL from the Circuit Court for Bock County. Action to recover a certain sum claimed to be due upon an account for moneys advanced and services rendered. After the cause was at issue, the plaintiff, upon an affidavit showing that the determination of the issue would “ involve the consideration of a long account,” obtained an order, against the objections of the defendant, referring the cause to a referee to hear, try and determine; and from this order the defendant appealed. cited sec. 5, Art. I of the constitution of this state; Hammond v. Beaver, West. Law Monthly, Nov. 1860, p. 591.…
1Opinion of the Court
By the Court,
PAINE, J.
This action involves the examina tion of a long account, and the court below ordered a reference without the'consent of the defendant, The appeal presents the question whether the court could rightfully make such an order.
The appellant claims, first, that it is erroneous because it “ violates his right to a trial by jury,” which he insists the constitution secures in all actions at law. But the clause in our constitution upon this subject has been interpreted as designed to secure only the right of trial by jury in all cases where it could by law have been claimed as a…
2Cases cited1 opinion
- Gaston v. BabcockWisconsin Supreme Court · 1858
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- Druse v. HorterWisconsin Supreme Court · 1883
- State ex rel. Boone v. OrwigSupreme Court of Iowa · 1868
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