Guth v. Lubach
Wisconsin Supreme Court
APPEAR from the Circuit Court for Washington County. The following statement of the case was prepared by Mr. Justice Cassoday: This is an action of slander.
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APPEAR from the Circuit Court for Washington County. The following statement of the case was prepared by Mr. Justice Cassoday: This is an action of slander. The amended complaint contains two counts, in each of which it is alleged, in effect, that the plaintiff is fifty-five years of age, and has been married to and lived with his present wife at Kewaskum, Wisconsin, ever since January 4,1851; that he and his said wife have had sixteen children, six of whom are dead, including one daughter named Lizzie who was born February 5,1853, and died October 6, 1870; that they have ten children still…
1Opinion of the CourtCassoday, J.
If a demurrer be frivolous, the court, or the presiding judge thereof, may, upon motion, strike out such pleading, and thereupon either order judgment in favor of the adverse party or in his discretion allow the party interposing the same to plead over within a limited time on such terms as may be just. Sec. 2681, R. S.; subd. 20, sec. 2, ch. 194, Laws of 1879. We are clearly of the opinion that the motion for judgment on the ground that the demurrer was frivolous, was in substance and legal effect a motion to strike out the demurrer. This is the logic of the rule long since adopted by this…
2Cases cited5 opinions
- Bradley v. CramerWisconsin Supreme Court · 1884
- Campbell v. CampbellWisconsin Supreme Court · 1882
- Lerdall v. Charter Oak Life InsuranceWisconsin Supreme Court · 1881
- Ellsworth v. HayesWisconsin Supreme Court · 1888
- Straka v. LanderWisconsin Supreme Court · 1884
3Cited by2 opinions
- Pfister v. Milwaukee Free Press Co.Wisconsin Supreme Court · 1909
- Hellstern v. KatzerWisconsin Supreme Court · 1899