Schoenleber v. Burkhardt
Wisconsin Supreme Court
Appeal from an order of the superior court of Milwaukee county: E. N. Austin, Judge. Action against principal and sureties on a guardian’s bond. The heirs of a bondsman, deceased, were joined. Such heirs demurred to the complaint, upon the ground, among others, that it does not state facts sufficient to constitute a cause of action against them. Defendant Burkhardt, one of the sureties, demurred upon the same ground, and also upon others.
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Appeal from an order of the superior court of Milwaukee county: E. N. Austin, Judge. Action against principal and sureties on a guardian’s bond. The heirs of a bondsman, deceased, were joined. Such heirs demurred to the complaint, upon the ground, among others, that it does not state facts sufficient to constitute a cause of action against them. Defendant Burkhardt, one of the sureties, demurred upon the same ground, and also upon others. The demurrer interposed by the heirs was sustained. There was a stipulation that the same order should be entered on the demurrer of defendant Burkhardt as…
1Opinion of the CourtMa.Rshall, J.
There are several points raised by appellant, which will be considered in their order.
1. That the order sustaining the first demurrer did not grant leave to amend; hence it was final. It was competent for the parties to do by agreement what the court might have authorized in regard to the service of an amended complaint. Obviously, the failure to insert in the order leave to plead over was an oversight, for the order awarded .$10 costs. That was erroneous, except as terms of serving .an amended complaint. Curtis v. Moore, 15 Wis. 134. The parties so construed the order. An amended complaint…
2Cases cited6 opinions
- Ellis v. Northern Pacific RailroadWisconsin Supreme Court · 1891
- Curtis v. MooreWisconsin Supreme Court · 1862
- Holden v. CurryWisconsin Supreme Court · 1893
- Fire Department of Oshkosh v. TuttleWisconsin Supreme Court · 1880
- Hackett v. CarterWisconsin Supreme Court · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- South Bend Chilled Plow Co. v. George C. Cribb Co.Wisconsin Supreme Court · 1900
- Hart v. GodkinWisconsin Supreme Court · 1904
- Meyer v. BarthWisconsin Supreme Court · 1897
- Legault v. MalackerWisconsin Supreme Court · 1917
- Rogers v. John Week Lumber Co.Wisconsin Supreme Court · 1903
14 more not listed; retrieve them via the Exa API.