Hunt v. Miller
Wisconsin Supreme Court
Appeal from an order of the circuit court for Douglas county: A. J. Yinje, Circuit Judge. Appeal from an order overruling a general demurrer to the complaint upon a tax deed to bar former owners. The defects suggested are that in the copy of the tax deed, as set forth in the copy of the complaint served on this defendant, there wTas nothing to indicate the existence of the seal of the county board.
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Appeal from an order of the circuit court for Douglas county: A. J. Yinje, Circuit Judge. Appeal from an order overruling a general demurrer to the complaint upon a tax deed to bar former owners. The defects suggested are that in the copy of the tax deed, as set forth in the copy of the complaint served on this defendant, there wTas nothing to indicate the existence of the seal of the county board. Examination of that copy, which js in the records, shows that after the county clerk’s signature is the device “ [Seal].” The attesting clause contains the recital that the clerk has affixed the…
1Opinion of the CourtDodge, J.
1. The argument in this court proceeded upon the assumption that the copy of the complaint served on the defendant Miller did not state a cause of action, because of absence of the county board seal on the deed therein set forth; and the contention of the respondent was to the proposition that, nevertheless, the demurrer was properly sustained, for the reason that the original complaint on file' was not defective in that respect. We dp not agree with this contention, but hold that, for the purposes of the demurrer, the copy of the complaint served on the defendant Miller is the document under…
2Cases cited2 opinions
- Dolan v. TrelevanWisconsin Supreme Court · 1872
- Knowles v. FritzWisconsin Supreme Court · 1883
3Cited by1 opinion
- Peters v. ReichenbachWisconsin Supreme Court · 1902