Fisher v. Chase

Wisconsin Supreme Court

Fisher v. Chase

2 Pin. 359, 2 Chand. 3

DecidedJanuary 15, 1850

StatusPublished

This text of 2 Pin. 359 (Fisher v. Chase) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fisher v. Chase, 2 Pin. 359, 2 Chand. 3 (Wis. 1850).

Pincite

Opinion

Larrabee, J.

The record in this cause shows that a writ of inquiry was awarded, and the plaintiff’s damages assessed, without a default having been first entered against the defendant. It also appears that after the demurrer was overruled, the defendant filed a plea of the general issue. There is nothing to show that this plea was not properly filed, and an issue formed. Yet, notwithstanding this state of facts, a writ of inquiry was awarded, and damages assessed.

The judgment of the district court must be reversed, and the cause remanded for further proceedings.

Judgment reversed.

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Larrabee, J.

The record in this cause shows that a writ of inquiry was awarded, and the plaintiff’s damages assessed, without a default having been first entered against the defendant. It also appears that after the demurrer was overruled, the defendant filed a plea of the general issue. There is nothing to show that this plea was not properly filed, and an issue formed. Yet, notwithstanding this state of facts, a writ of inquiry was awarded, and damages assessed.

The judgment of the district court must be reversed, and the cause remanded for further proceedings.

Judgment reversed.

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Bluebook (online)

2 Pin. 359, 2 Chand. 3, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fisher-v-chase-wis-1850.