114 Wis. 458 | Wis. | 1902
It appears from tbe record that May 4, 1900, tbe plaintiff commenced an action before a justice of tbe peace to-recover $35 as tbe reasonable value of legal and other services rendered by tbe plaintiff for tbe defendant at his instance and request during tbe months of August, September, and October, 1899. Tbe defendant, by way of answer, denied liability and pleaded payment. On the trial before tbe justice tbe testimony of tbe plaintiff tended to support bis claim, and was to tbe effect that bis services were-rendered in an effort to free tbe defendant’s lands of incum-brances ; that in doing so be once went to Rosendale with the plaintiff, ten miles distant, and once went to Milwaukee to try to obtain a loan; that the defendant wanted a loan of $5,000, but that be failed to obtain any loan. On such trial
At the close of the trial the justice found in favor of the defendant, and taxed his costs against the plaintiff at $11.18, and rendered judgment accordingly. The plaintiff gave the requisite notice of appeal from that judgment to the county court, together with an affidavit that the appeal was made in good faith, and not for the purpose of delay, as prescribed by sec. 3754, Stats. 1898, but did not file any affidavit, as prescribed by subd. 2, sec. 3768, and hence the cause was necessarily heard in the county court “on the original papers and the return of the justice.” Sec. 3767.
True, as claimed by the plaintiff, the statute declares that upon the hearing of such an appeal “the appellate court shall give judgment according to the weight of the evidence and the justice of the ease, . . . without regard to the finding of the justice.” Sec. 3769, Stats. 1898; Silvernail v. Rust, 88 Wis. 458, 60 N. W. 787; Firdel v. Cook, 88 Wis. 485, 60 N. W. 788. But this does not mean that the evidence returned must be construed most strongly in favor of the
By the Oourt. — The judgment of the county court of Fond du Lac county is affirmed.