Sage v. McLean
Wisconsin Supreme Court
APPEAL from the Circuit Court for Brown County. Action to recover real property. The complaint allegés that the plaintiff intermarried with Thomas J. Cotton in 1853, and was his wife at the time of his death, which occurred “ many years since,” and that said Thomas died seized of the lands described in the complaint, in fee simple.
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APPEAL from the Circuit Court for Brown County. Action to recover real property. The complaint allegés that the plaintiff intermarried with Thomas J. Cotton in 1853, and was his wife at the time of his death, which occurred “ many years since,” and that said Thomas died seized of the lands described in the complaint, in fee simple. The title and estate of the plaintiff is stated therein as follows : “ That the said Thomas J. Cotton died without issue, and thereupon at his death the said premises descended to the plaintiff, as his widow, to hold during her natural life.” And there is a further…
1Opinion of the CourtLyoN, J.
It is the settled doctrine of this court, that when the appeal is from a judgment on a demurrer for frivolousness, if the demurrer is not well taken, although not frivolous, the judgment will be affirmed. Cobb v. Harrison, 20 Wis., 625. But if the appeal be from the order striking out the demurrer as frivolous, the order will be reversed if the demurrer is not frivolous, although not well taken. Weishaupt v. Weishaupt, 27 id., 621.
This being an appeal from the order striking out the demurrer, and not from a judgment, the sole question is, whether the demurrer is frivolous.
The statute requires…
2Cases cited2 opinions
- Barclay v. YeomansWisconsin Supreme Court · 1871
- Cobb v. HarrisonWisconsin Supreme Court · 1866
3Cited by2 opinions
- Lawe v. HydeWisconsin Supreme Court · 1876
- Dailey v. KellyCourt of Appeals of Wisconsin · 1995