31 Wis. 223 | Wis. | 1872
In this case the plaintiff insists that the matters set up in the answer as a defense or counterclaim were obnoxious to two objections: first, that an investigation of them exceeded the amount over which the justice had jurisdiction; and second, that the statute of limitations had run against those claims.
We cannot see that any question of jurisdiction arises upon this record. It is true, an investigation of all the accounts and demands set up in the answer would exceed the jurisdiction of the justice. But what is there to show that the justice attempted to investigate them? It seems there was a judgment for the plaintiff in the justice’s court for $113.02, which would necessarily involve the examination of claims amounting to $226, or thereabouts. When the cause was removed to
Then, as to tbe defense of tbe statute of limitations. Tbe plaintiff might doubtless bave taken advantage of tbe statute upon tbe trial, by objecting to tbe introduction of evidence to prove a demand upon which it bad run. But tbe record fails to show that this was done. True, tbe plaintiff objected to the evidence offered to prove tbe parol contract alleged to have been made in 1861, for tbe support of Mrs. Heath, but not on tbe ground that tbe statute of limitations bad run against claims growing out of it. Tbe objection is a general one, without any reference whatever to tbe statute of limitations. We do not suppose, therefore, that there is any question arising under tbe statute of limitations before us. For certainly tbe plaintiff was bound to object in this case, which arose in a justice’s court, to tbe introduction of evidence on tbe part of the defendant to prove a claim against which tbe statute had run, and place bis objection upon that distinct ground, in order to bave tbe benefit of that defense. And this he did not do.
The objection taken, however, was- sufficient to raise the question of the competency of that evidence. And upon that point it seems to us perfectly clear, that, if a verbal agreement of the kind was made, it might be proven by any one who bad knowledge of it, and could testify as to the terms and conditions of the contract. These parties are brothers, and tbe defendant offered evidence tending to prove that a verbal contract was entered into between them in 1861, by which they agreed to support their mother during her natural life — each one contributing equally thereto — in consideration of tbe homestead, which she bad conveyed to them. It is suggested
The circuit court seems to -have submitted the case very fairly to the jury in its charge. The jury has passed upon the evidence, and there is no ground for saying that the verdict is unsupported by the testimony given on the trial. The plaintiff asked no instructions, but did take a general exception to the charge given. But this exception raises no question of law upon the charge, as has frequently been decided by this court. 11 Wis., 168; 15 id., 257; 16 id., 225; 17 id., 665; 21 id., 427; 23 id., 126; 24 id., 139.
It follows from these views that the judgment of the circuit court must be affirmed.
By ihe Court — Judgment affirmed.