Dobbs v. Green
Wisconsin Supreme Court
EEROR TO THE JEFFERSOB COUNTY COURT. This was an action of assumpsit, brought by the defendant in error, against the plaintiff in error, in the Jefferson County Court, to enforce a mechanics’ lien against the premises occupied by the intestate in his lifetime, for materials furnished in the erection of a certain barn, and fence thereon.
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EEROR TO THE JEFFERSOB COUNTY COURT. This was an action of assumpsit, brought by the defendant in error, against the plaintiff in error, in the Jefferson County Court, to enforce a mechanics’ lien against the premises occupied by the intestate in his lifetime, for materials furnished in the erection of a certain barn, and fence thereon. To the declaration, the defendant pleaded in abatement, the statute prohibited bringing a suit against administrators during the time limited for the payment of debts of the deceased. To this plea there was a demurrer and joinder. Upon the argument, the…
1Opinion of the Court
By the Court,
Smith, J.
The declaration in this case is clearly bad, and the demurrer by the plaintiff below, to the plea of the defendant below, reached *232kack to the declaration. There is a misjoinder of counts ; one alleging a promise by the intestate, and another alleging a promise by the administratrix, rpjjgge wou}cj require different judgments, therefore cannot be joined. Moody vs. Ewen's Executors, 8 B. Monroe.
Nor is the judgment in conformity with the statute:
The judgment of the' court below is reversed, with costs.
2Cited by3 opinions
- Hall v. HinckleyWisconsin Supreme Court · 1873
- Smith v. Shell Lake Lumber Co.Wisconsin Supreme Court · 1887
- Dobbs v. EnearlWisconsin Supreme Court · 1856