Bishop v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
• APPEAL from the Circuit Court for Dcme County. The action was brought by the plaintiff, Ida J. Bishop, to recover damages for the acts of the defendant set out in the complaint. The defendant demurred to the complaint on the ground that several causes of action were improperly united. On motion of the plaintiff the demurrer was stricken out as frivolous, and from the order entered in that behalf the defendant appealed.
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• APPEAL from the Circuit Court for Dcme County. The action was brought by the plaintiff, Ida J. Bishop, to recover damages for the acts of the defendant set out in the complaint. The defendant demurred to the complaint on the ground that several causes of action were improperly united. On motion of the plaintiff the demurrer was stricken out as frivolous, and from the order entered in that behalf the defendant appealed. The several causes of action were not stated separately in the complaint. The third, fourth, fifth, and sixth causes of action were as follows: (3) “ The plaintiff further…
1Opinion of the CourtTaylob, J.
This is an appeal from an order of the circuit court striking out the demurrer of the defendant to the plaintiff’s complaint as frivolous. Upon this appeal the question is not whether the demurrer was or was not frivolous, but whether the demurrer is well taken.
The ground of demurrer relied on by the counsel for the defendant is that several causes of action are improperly joined in the complaint, and it is insisted that some of the causes of action set out in the complaint are actions in tort, and others are on contract. It is admitted by both parties that actions in tort and on contract…
2Cases cited2 opinions
- Whitney v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Muzzy v. LedlieWisconsin Supreme Court · 1868
3Cited by3 opinions
- Harvey v. Southern Pac. Co.Oregon Supreme Court · 1905
- Aultman Co. v. FergusonSouth Dakota Supreme Court · 1896
- Schultz v. KosbabWisconsin Supreme Court · 1905