Moritz v. Splitt
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Action to enforce a mechanic’s lien. The defendant demurred to the complaint on the ground that it did not state facts sufficient to constitute a, cause of action. October 11, 1881, the court sustained the demurrer, with leave to the plaintiff to amend the complaint within twenty days upon payment of $10 costs.
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APPEAL from the Circuit Court for Milwaukee County. Action to enforce a mechanic’s lien. The defendant demurred to the complaint on the ground that it did not state facts sufficient to constitute a, cause of action. October 11, 1881, the court sustained the demurrer, with leave to the plaintiff to amend the complaint within twenty days upon payment of $10 costs. Notice of the entry of the order, and a copy of the same, was served upon the plaintiff’s attorney, November 21,1881. On the same day judgment was rendered thereon dismissing the complaint, and for costs against the plaintiff and in…
1Opinion of the CourtCassoday, J.
There can be no question but what the appeal from the judgment brings up for review the order sustaining the demurrer upon which it is based. The statute so declares, whenever the order “involves the merits and necessarily affects the judgment.” Sec. 3010, R. S. This court has frequently so held. Breed v. Ketchum, 51 Wis., 166; Webster v. Ins. Co., 36 Wis., 67; Armstrong v. Gibson, 31 Wis., 61; Sweet v. Mitchell, 17 Wis., 125. The only ground of the demurrer is that the “ complaint does not state facts sufficient to constitute a cause of action.” Obviously the demurrer was not well taken, if…
2Cases cited7 opinions
- Webster v. Phœnix InsuranceWisconsin Supreme Court · 1874
- Willer v. BergenthalWisconsin Supreme Court · 1880
- Armstrong v. GibsonWisconsin Supreme Court · 1872
- Wheeler v. HallWisconsin Supreme Court · 1877
- Bertheolet v. Parker, Imp.Wisconsin Supreme Court · 1878
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Sawejka v. MorganWisconsin Supreme Court · 1972
- Neacy v. DrewWisconsin Supreme Court · 1922
- Callaway v. EvansonWisconsin Supreme Court · 1956
- Watson v. City of AppletonWisconsin Supreme Court · 1885
- Milwaukee Electric Railway & Light Co. v. BeckerWisconsin Supreme Court · 1923
11 more not listed; retrieve them via the Exa API.