Veeder v. Town of Lima
Wisconsin Supreme Court
APPEAL PROM CIRCTJIT COURT, CALUMET C0UNTT. This action was commenced to recover the amount of a coupon of ¡$>100, being the interest due upon a bond issued by the town of Lima, to aid in the construction of the Tay-cheeda and Green Bay Plank Road, and made payable at the Bank of Fond du Lac. The complaint is in the usual form, upon a money demand, and the bond and coupon are copied at length in the complaint. The defendant demurred, and the court sustained the demurrer.
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APPEAL PROM CIRCTJIT COURT, CALUMET C0UNTT. This action was commenced to recover the amount of a coupon of ¡$>100, being the interest due upon a bond issued by the town of Lima, to aid in the construction of the Tay-cheeda and Green Bay Plank Road, and made payable at the Bank of Fond du Lac. The complaint is in the usual form, upon a money demand, and the bond and coupon are copied at length in the complaint. The defendant demurred, and the court sustained the demurrer. From the judgment entered thereon, the plaintiff appealed. in support of the correctness of the complaint, cited, Code,…
1Opinion of the Court
By the Court,
Cole, J.
The complaint in this case alleges the making of a certain bond by the respondent, on the 20th day of December, 1855; and also a coupon attached to the bond; sets out the bond and coupon in hose verba; avers that the appellant is the owner of the coupon, and that the same has not been-paid; and that the respondent is indebted to the appellant thereon in the 'sum of one hundred dollars, for which he demands judgment.
The complaint was demurred to, on the ground that it did not state facts sufficient to constitute a cause of action, and the following objections were…
2Cases cited2 opinions
- Prindle v. . CaruthersNew York Court of Appeals · 1857
- Hewitt v. Town of Grand ChuteWisconsin Supreme Court · 1859
3Cited by1 opinion
- Strunk v. SmithWisconsin Supreme Court · 1875