Joint School District No. 7 v. Kemen
Wisconsin Supreme Court
APPEAL from the Circuit Court for Kenosha County. The action is to recover the possessioil of the school-house and fixtures referred to in State ex rel. Wiesmann v. Kemen, 61 "YYis. 494. The complaint was voluminous, and upon ■motion of the defendant several portions of it were stricken out as irrelevant and redundant.
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APPEAL from the Circuit Court for Kenosha County. The action is to recover the possessioil of the school-house and fixtures referred to in State ex rel. Wiesmann v. Kemen, 61 "YYis. 494. The complaint was voluminous, and upon ■motion of the defendant several portions of it were stricken out as irrelevant and redundant. A general statement of the character of the portions so stricken out will be found in the opinion, and it is not deemed necessary to set them out more fully here.
1Opinion of the CourtCole, C. J.
This is an appeal from an order striking out certain portions of the complaint as irrelevant and redundant. The action is brought to recover the possession of a school-house and certain personal property belonging to the district, or their value, which it is alleged the defendants have unlawfully taken and wrongfully detained. The complaint is needlessly prolix, and contains much impertinent, matter which can serve no other purpose than to incumber *283the record. The allegations stricken out are not material, and were clearly redundant. They have really nothing to do with the cause of action…
2Cited by1 opinion
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