Merriman v. McCormick Harvesting Machine Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. Action for trespass quare clausum. The facts are stated in the opinion. The appeal is from an order denying a motion that the plaintiffs be required to make the complaint more definite and certain. To the point that the complaint states but one cause of action, they cited, besides cases cited in the opinion, 2 Greenl. Ev. secs. 268, 635a; 2 Chit. PI. 863-4, 866; McCall’s Forms, 249, 218; Root v. Foster, 9 How.
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APPEAL from the Circuit Court for Jefferson County. Action for trespass quare clausum. The facts are stated in the opinion. The appeal is from an order denying a motion that the plaintiffs be required to make the complaint more definite and certain. To the point that the complaint states but one cause of action, they cited, besides cases cited in the opinion, 2 Greenl. Ev. secs. 268, 635a; 2 Chit. PI. 863-4, 866; McCall’s Forms, 249, 218; Root v. Foster, 9 How. Pr. 37; Johnson v. Smith, 8 Johns. 3S3; Grafton v. Carmichael, 48 Wis. 660; Raymond v. Sturges, 23 Conn. 146.
1Opinion of the CourtOrtoN, J.
On the 6th day of April, 1893, there was • granted a rule to show cause, in effect, why the complaint should not be made more definite and certain as to the purpose of the several causes of action stated therein, and why they should not be stated in separate counts, to be heard “before the Honorable JohN E. Besnett, presiding judge of said court, at his chambers .in the city of Janes-ville, in the county of Rode, on the 13th day of April, 1893, at 10 o’clock in the forenoon.” This rule was signed as follows: “By the Court, JohN E. BenNett, Circuit Judge of the Circuit Court of Jefferson…
2Cases cited2 opinions
- Hlawacek v. BohmanWisconsin Supreme Court · 1881
- Jordan v. StaplesSupreme Judicial Court of Maine · 1869
3Cited by7 opinions
- Montesano Lumber Co. v. Portland Iron WorksOregon Supreme Court · 1915
- Richmond Cedar Works v. J. L. Roper Lumber Co.Supreme Court of North Carolina · 1913
- Cedar Works v. . Lumber Co.Supreme Court of North Carolina · 1913
- Columbia National Sand Dredging Co. v. MortonDistrict of Columbia Court of Appeals · 1906
- Joseph Dessert Lumber Co. v. WadleighWisconsin Supreme Court · 1899
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