Spensley v. Janesville Cotton Manufacturing Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Boole County. Action for a determination of the rights of all parties having or claiming an interest in a certain water power, and for a partition thereof. The complaint sets out the interest and title of the plaintiff and of each defendant. Five of the defendants joined in a motion to strike out certain portions of the complaint and to make other portions thereof more definite and certain.
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APPEAL from the Circuit Court for Boole County. Action for a determination of the rights of all parties having or claiming an interest in a certain water power, and for a partition thereof. The complaint sets out the interest and title of the plaintiff and of each defendant. Five of the defendants joined in a motion to strike out certain portions of the complaint and to make other portions thereof more definite and certain. The motion was denied and from so much of the order as denied the motion to make the complaint more definite the defendants who joined in the motion appealed. A further…
1Opinion of the CourtORtoit, J.
The complaint is for the partition of a certain water power, and for the determination of disagreements between the owners thereof, under ch. 134, R. S., as amended by ch. 203, Laws of 1881. The motion of the defendants was to strike out, as immaterial and irrelevant, certain parts of the complaint, or to make them more definite and certain; and to strike out other parts as immaterial and irrelevant; and to make other parts more definite and certain; and to strike out another part as sham and immaterial. Parts of a complaint may be stricken out as irrelevant, redundant, or scandalous (sec.…
2Cases cited2 opinions
- Bradshaw v. CallaghanCourt for the Trial of Impeachments and Correction of Errors · 1811
- Pipes v. HobbsIndiana Supreme Court · 1882
3Cited by5 opinions
- Stimson v. StimsonNorth Dakota Supreme Court · 1915
- Johnson v. Great Northern Railway Co.North Dakota Supreme Court · 1903
- McCarville v. BoyleWisconsin Supreme Court · 1895
- McElroy v. Minnesota Percheron Horse Co.Wisconsin Supreme Court · 1901
- Foster v. BallentineSupreme Court of Alabama · 1899