Gooding v. Doyle
Wisconsin Supreme Court
Appeal from orders of the circuit court for Eond du Lac county: Chestee A. EowleR, Circuit Judge. The complaint is one by a resident freeholder and taxpayer of the city of Eond du Lac, suing in his own behalf and in behalf of.all others similarly situated.
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Appeal from orders of the circuit court for Eond du Lac county: Chestee A. EowleR, Circuit Judge. The complaint is one by a resident freeholder and taxpayer of the city of Eond du Lac, suing in his own behalf and in behalf of.all others similarly situated. The action is in equity to restrain the officers and agents of the city from paying a claim presented by the Bulletin Printing Company under an alleged. contract between the city and the printing company for the publication of the city common council proceedings, upon the ground that the contract is wholly illegal and void. The defendant,…
1Opinion of the CourtSibbeckeb., J.
The order striking out as irrelevant portions of the answer is not appealable under sec. 3069, Stats. (1898), because it does not determine the action or prevent a judgment from which an appeal may be taken. Wiesmann v. Shanley, 124 Wis. 431, 102 N. W. 932.
The demurrer to defenses was interposed before any portion of the answer had been stricken out upon plaintiff’s motion. The demurrer seems to proceed upon the idea that plaintiff has the right to demur to defenses in the answer as they would stand after the portion thereof covered by his motion had been eliminated therefrom. We do not…
2Cases cited3 opinions
- Wiesmann v. ShanleyWisconsin Supreme Court · 1905
- City of Columbus v. Town of Fountain PrairieWisconsin Supreme Court · 1908
- McCall Co. v. StoneWisconsin Supreme Court · 1905
3Cited by10 opinions
- Gilbert v. HoardWisconsin Supreme Court · 1930
- State v. LewisWisconsin Supreme Court · 1916
- McCarthy v. SteinkellnerWisconsin Supreme Court · 1937
- Gauger v. LudwigWisconsin Supreme Court · 1972
- City of Columbus v. Town of Fountain PrairieWisconsin Supreme Court · 1908
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