51 Wis. 363 | Wis. | 1881
The following opinion was filed January 11, 1881:
There was an incurable defect in the jurisdiction of the justice in this case, under the decisions in Nimmick v. Mathiesson, 32 Wis., 324, and Cooban v. Bryant, 36
There does not seem to have been any amendment of the complaint in this regard in the appellate court, but the cause was tried by the referee on substantially the same pleadings filed before the justice. The referee went into a full examination of the accounts on both sides, finding from the evidence that the commissions earned by the plaintiff under tire contracts amounted‘to the sum of $1,225.21, upon which had been paid the sum of $1,131.57. This shows very plainly what must have been the nature and extent of the judicial inquiry before the justice, and establishes beyond question the fact that there was an essential defect of jurisdiction arising from the subject matter of the controversy.
By the Court.— The judgment of the circuit court is reversed.
A motion for a rehearing was denied March 2, 1881.