Hamilton v. City of Fond Du Lac
Wisconsin Supreme Court
APPEAL from th,e Circuit Court for Fond du Lao County. The preceding report of the appeal in this cause from the order overruling a demurrer to the complaint, recites sufficiently the facts alleged in the complaint.
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APPEAL from th,e Circuit Court for Fond du Lao County. The preceding report of the appeal in this cause from the order overruling a demurrer to the complaint, recites sufficiently the facts alleged in the complaint. The plaintiff having obtained a temporary injunction upon filing the complaint, defendant moved to dissolve the same, and read in support of the motion an affidavit which statéd that the lands alleged to belong to plaintiff’s wife, “were, at the time of the assessment complained of, and ever since have been, occupied by the plaintiff.” The court denied the motion to dissolve; and…
1Opinion of the Court
Paiíte, J.
We have just decided, on an appeal from an order overruling a demurrer to the coinplaint in this case, that the complaint shows a good cause of action. This is an appeal from an order refusing to vacate the injunction. And it would follow from our conclusion upon the other appeal, that this order should also be affirmed, unless the fact stated in an affidavit used on the motion, that the plaintiff occupied the lots, which the complaint alleges belonged to his wife, should produce a different result. This affidavit does not controvert the allegations of the complaint, that the lots…
2Cases cited1 opinion
- Boos v. GomberWisconsin Supreme Court · 1868
3Cited by6 opinions
- Southworth v. EdmandsMassachusetts Supreme Judicial Court · 1890
- Wampler v. Corporation of NortonSupreme Court of Virginia · 1922
- Gregg v. SanfordCourt of Appeals for the Third Circuit · 1895
- Jones v. KilfetherAppellate Court of Illinois · 1957
- Paul v. FriesSupreme Court of Florida · 1882
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