Berkley v. Johnson

Decided June 15, 1856

Wisconsin Supreme Court · decided 1856-06-15

ERROR 10 THE DAME CIEODIT COURT. This was an action of assumpsit commenced by the defendant in error, against the plaintiff in error, before a justice of the peace. The summons required the plaintiff in error to appear before the justice on the 20th day of December, at one o’clock P. M., to answer unto Dorcas Johnson “ in a plea of debt.” On the return day the parties appeared. The plaintiff stated her cause of action, for work and labor, $13, and filed a bill of particulars.

Decided 1856-06-15

¶1By the Court,

Smith, J.

¶2The amendment made by the justice, even if the same had been necessary, was properly made. It could not, by any possibility, work any injury to the defendant. He complained of no surprise, but pleaded the general issue, and on his application the cause was continued one week.

¶3The docket of the justice shows a sufficient statement of the cause of action. It was “ for work and labor,” and the bill of particulars was filed. This was sufficient to inform the defendant of the nature of the plaintiff’s demand, as is quite apparent from his pleading the general issue, and asking the adjournment. On the adjournment day he appeared, not to defend the suit upon its merits, but to interpose technical objections to the plaintiff’s recovery. He was simply “too late.”

¶4Judgment of the court below affirmed, with costs.