135 Wis. 535 | Wis. | 1908
If there was any credible evidence which, most favorably considered and with the aid of all inferences which might reasonably be drawn, tended to establish that defendant Roeming, on behalf of himself or on behalf of a partnership' consisting of himself and Opperman, requested the furnishing of board by the plaintiff to his partner, the question should have been submitted to the jury. In such case the court has no right to assume to decide it. Leiser v. Kieckhefer, 95 Wis. 4, 69 N. W. 979; Beyer v. St. Paul F. & M. Ins. Co. 112 Wis. 138, 141, 88 N. W. 57; Tiborsky v. C., M. & St. P. R. Co. 124 Wis. 243, 247, 102 N. W. 549;
There is some comment on tbe fact that Opperman was not served so as to become personally a party to this action; but that fact is no obstacle to tbe rendition of judgment in plaintiff’s favor, in form against tbe entire partnership1, enforceable against tbe partner served and against any partnership property. Subd. 1, see. 2884, Stats. (1898).
Both tbe printed case and tbe appellant’s brief fail in important respects to comply with tbe rules of this court. As has already been said, tbe brief is barren of any reference to tbe items of evidence which it is claimed support tbe plaintiff’s cause of action. Rule 10 requires tbe brief of tbe appellant to contain a concise statement “of tbe leading facts or conclusions which tbe evidence tends to prove,” and Rule 12 requires “references shall be made to tbe pages of tbe printed case where tbe evidence relied on may be found.” It is not permissible practice to cast upon tbe members of this court tbe labor of searching at large throughout tbe printed case to ascertain tbe existence or nonexistence of such evidence.
Tbe foregoing omissions in tbe brief are emphasized by tbe defects in tbe printed case. Rule 6 requires that tbe appellant shall “print a case containing an abridgment of tbe record, so far as necessary to present tbe questions for decision.” In tbe present instance tbe case contains in exi&nso all tbe testimony, question and answer, with tbe frequent repetition of the same statements, some of them wholly uncon-
By the Gourt. — Judgment reversed and cause remanded for a new trial. No costs will be taxed for printing case or brief.