Johnson v. Meeker
Wisconsin Supreme Court
ERROR TO THE COUNTY COURT OF ROCK COUHTY. This cause was brought by the defendants in error against the plaintiffs in error upon two promissory notes. The declaration was in the common counts, with the following notice: “ The within named defendants will take notice, that the following is a true copy of the notes on which this suit is brought, and is the plaintiffs’ bill of particulars.”
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ERROR TO THE COUNTY COURT OF ROCK COUHTY. This cause was brought by the defendants in error against the plaintiffs in error upon two promissory notes. The declaration was in the common counts, with the following notice: “ The within named defendants will take notice, that the following is a true copy of the notes on which this suit is brought, and is the plaintiffs’ bill of particulars.” A copy of two notes followed, dated Janesville, May 15, 1849, made by John Johnson and John E. Dixon, payable to Stevens & Older, or order, for one hundred and sixty-four dolíais and seventy-two cents each,…
1Opinion of the Court
By the Cowi%
Whitotst, C. J.
"We' do not think that either of the special pleas, constitutes a good defence to this action. The firsb one is clearly bad, as it only avers that the notes in suit, were given by the defendants to Stevens & Older, for spirituous liquors, without alleging that they are interested in the notes, or any fact to show that the sale of the liquor was unlawful. The second one we *441think equally bad, for omitting to allege any fact to show that the sale of the liquor was unlawful, although it contains the averment that Stevens & Older are beneficially interested in the notes.
A…
2Cited by21 opinions
- Chapman v. County of DouglasSupreme Court of the United States · 1883
- State Ex Rel. Warren v. NusbaumWisconsin Supreme Court · 1973
- Brandeis v. NeustadtlWisconsin Supreme Court · 1860
- Danielley v. City of PrincetonWest Virginia Supreme Court · 1933
- Union National Bank v. LyonsSupreme Court of Missouri · 1909
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