Wisconsin Reports; Cases Determined in the Supreme Court of Wisconsin Volume 7

Wisconsin Reports; Cases Determined in the Supreme Court of Wisconsin Volume 7

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1859 edition. Excerpt: ...and defendant, or one or other, got dissatisfied; and that if they disagreed, or either of them was dissatisfied, that then the plaintiff was to quit; that the defendant said at the time of making the agreement, that he would not hire a man to work for him if they could not Evans vs. Bennett. agree, or either was dissatisfied; that when that was the case he would pay them ofl' and let them go." Bennett wrought then three and a half months, and then l quit, as he was at liberty to do if this was the contract. He had agreed to work only so long as he was satisfied with his employer, or his employer should be satisfied with him, but when either was dissatisfied he was to quit, and was to be paid for the time of service at the rate of fourteen dollars a month. Probably the circuit court came to the conclusion from the whole evidence in the case that this was the contract between the parties, and consequently permitted the defendant in error to recover for the services rendered. We are not prepared to say that the proof did not sustain this view of the case, and therefore must aflirm the judgment of the court below. GEORGE P. DELAPLAINE and ELISHA BURDICK, Plaintifis in Error. vs. THE CITY OF MADISON, Defendant in Error. ERROR TO THE DANE CIRCUIT COURT. A writ of error does not lie in equity eases, since, any more than previous to the adoption of the code. Though the writ of error is preserved by the constitution, its scope and functions are not extended by the code. Under the code an appeal lies from a judgment in all cases, but the writ of error is only applicable to what was before judgments at law. This was a complaint as in equity filed in the Dane Circuit Court subsequent to the adoption of the code, and prosecuted to a final...show more

Product details

  • Paperback | 240 pages
  • 189 x 246 x 13mm | 435g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236759885
  • 9781236759887