Muzzy v. Ledlie
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sheboygan County. Tbe nature of tbe complaint in this action will appear from tbe opinion. Subsequently to tbe procuring of an order granting an extension of time to answer, tbe defendant obtained at chambers a further order, directing the plaintiff to elect on which of the counts in his complaint he would rely at the trial, and that the other be stricken out.
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APPEAL from the Circuit Court for Sheboygan County. Tbe nature of tbe complaint in this action will appear from tbe opinion. Subsequently to tbe procuring of an order granting an extension of time to answer, tbe defendant obtained at chambers a further order, directing the plaintiff to elect on which of the counts in his complaint he would rely at the trial, and that the other be stricken out. A motion to vacate this order having been denied by the court, the plaintiff appealed. contended, not only that the complaint was properly drawn, but that the procuring and service of the order…
1Opinion of the CourtCole, J.
It is quite apparent, upon an examination of the complaint, that the two causes of action therein set forth are in fact one and the same, stated in different forms. In the first cause of action, the plaintiff claims the sum of $1,199.10 as due upon the written contract therein set out, on account of the rental, use and service of the steam tug Tiger, from the 4th day of J une, 1867, up to and including the 19th day of October, of the same year; which tug, with its crew, was employed by the defendant from 4 o’clock a. m., to 8 o’clock p. M., on each and every working day, according to the…
2Cases cited4 opinions
- Fort v. GoodingNew York Supreme Court · 1850
- Danley v. WilliamsWisconsin Supreme Court · 1863
- Churchill v. ChurchillNew York Supreme Court · 1854
- Steamboat Champion v. JantzenOhio Supreme Court · 1847
3Cited by5 opinions
- Gabrielson v. Hague Box & Lumber Co.Washington Supreme Court · 1909
- Bishop v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1887
- Schultz v. KosbabWisconsin Supreme Court · 1905
- Toal v. ClappWisconsin Supreme Court · 1885
- Shenners v. West Side Street Railway Co.Wisconsin Supreme Court · 1889