Docter v. Furch
Wisconsin Supreme Court
APPEAL from, the Circuit Court for Milwaukee County. The following statement of the case was prepared by Mr. Justice Cassoday: July 14, 1885, one Caroline Hellberg owned and occupied a farm in the town of Wauwatosa, Milwaukee county, described, and on that day agreed to sell and convey the same to the plaintiffs, and gave to them, on that day, an agreement in writing to that effect, as follows: “ [Exhibit A.] “ Received of Messrs.
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APPEAL from, the Circuit Court for Milwaukee County. The following statement of the case was prepared by Mr. Justice Cassoday: July 14, 1885, one Caroline Hellberg owned and occupied a farm in the town of Wauwatosa, Milwaukee county, described, and on that day agreed to sell and convey the same to the plaintiffs, and gave to them, on that day, an agreement in writing to that effect, as follows: “ [Exhibit A.] “ Received of Messrs. Jacob Eatz and Adolph Docter the sum of One hundred Dollars as part purchase money for 49 acres of land, with buildings and improvements thereon, situated in the…
1Opinion of the Court
The following opinion was filed January 7, 1890:
Cassoday, J.
It is urged that the adjudication in the former case was a bar to this action. The only question there involved was the sufficiency of the complaint upon demurrer ore tenus. Docter v. Hellberg, 65 Wis. 420. It was in effect held that an omission from the complaint of necessary averments was fatal, and could not be supplied by presumption, nor by the answer. Ibid.; Doud v. W., P. & S. R. Co. 65 Wis. 108. In other words, the court determined the question of law presented upon such demurrer the same as though no answer had been served.…
2Cases cited14 opinions
- Harrison v. TalbotCourt of Appeals of Kentucky · 1834
- Powell v. ClarkMassachusetts Supreme Judicial Court · 1809
- O'Connell v. DukeTexas Supreme Court · 1867
- Noble v. GooginsMassachusetts Supreme Judicial Court · 1868
- Docter v. HellbergWisconsin Supreme Court · 1886
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3Cited by13 opinions
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