Lander v. Hall
Wisconsin Supreme Court
APPEAL from the Circuit Court for Brown County. The case is sufficiently stated in the opinion. in person, argued that a refusal to strike off a demurrer to the. complaint as frivolous is equivalent to holding the demurrer well taken, and is erroneous if a good cause of action can be gathered from the complaint. Biggie v. Boulden, 48 Wis. 477; Lerdall v. Charter Oak L. Ins.
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APPEAL from the Circuit Court for Brown County. The case is sufficiently stated in the opinion. in person, argued that a refusal to strike off a demurrer to the. complaint as frivolous is equivalent to holding the demurrer well taken, and is erroneous if a good cause of action can be gathered from the complaint. Biggie v. Boulden, 48 Wis. 477; Lerdall v. Charter Oak L. Ins. Co. 51 id. 426; Malone v. Holy, 62 id. 460; Hoffman v. Wheelock, id. 434; Hurlbut v. Marshall, id. 590; Bishop v. C. <& N. W. B. Co. 67 id. 610; Roe v. LtincoJm, Co. 56 id. 66; McConigdl v. Colter, 32 id. 614; Truesdell v.…
1Opinion of the Court
■Cole, 0. J.
The plaintiff moved to strike out the demurrer as frivolous, which the court denied, with $10 costs of motion. We must consider the appeal from this order as equivalent to an appeal from an order sustaining the demurrer. For the rule has been settled, in a number of decisions, that an appeal from ah order striking out a demurrer as frivolous would be treated the same as an appeal from an order overruling the demurrer. Consequently, to be consistent in the practice, this must be treated as an appeal from an order sustaining the demurrer to the complaint. Counsel for the plaintiff…
2Cases cited1 opinion
- Lacy v. JohnsonWisconsin Supreme Court · 1883
3Cited by3 opinions
- Price v. WardNevada Supreme Court · 1899
- Scott, Admr. v. Bradford National BankSupreme Court of Vermont · 1935
- Eule v. EuleWisconsin Supreme Court · 1958