Haskins v. Wilson

Wisconsin Supreme Court

Haskins v. Wilson

5 Wis. 106

CourtWisconsin Supreme Court

DecidedJuly 1, 1856

StatusPublished

Cited by1 cases

This text of 5 Wis. 106 (Haskins v. Wilson) 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

Haskins v. Wilson, 5 Wis. 106 (Wis. 1856).

Pincite

Opinion

Per Curiam.

The judgment is erroneous. An issue having been formed by the defendant’s plea, it should have been' tried by a jury unless waived by the parties. This was not done ; but the court proceeded to try the issue of fact and render judgment. This could not be done but by the consent of the parties. If the plea was not properly upon the files, it should have been stricken off, then the defendant’s defanlt and interlocutory judgment might have been entered, and the damages assessed in the usual manner.

Judgment reversed.

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Per Curiam.

The judgment is erroneous. An issue having been formed by the defendant’s plea, it should have been' tried by a jury unless waived by the parties. This was not done ; but the court proceeded to try the issue of fact and render judgment. This could not be done but by the consent of the parties. If the plea was not properly upon the files, it should have been stricken off, then the defendant’s defanlt and interlocutory judgment might have been entered, and the damages assessed in the usual manner.

Judgment reversed.

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Bluebook (online)

5 Wis. 106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haskins-v-wilson-wis-1856.

Opinion

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