Nischke v. Wirth
Wisconsin Supreme Court
APPEALS from the County Court of Dodge County. Actions of replevin. The facts are stated in the opinion. To the point that the notice of motion should have specified wherein the answer should be made more definite and certain, they cited 2 "Wait’s Pr. 487; 4 id. 596; Bryant v. Bryant, 2 Rob. (N. Y.), 612; Benedict v. Hake, 6 How. Pr. 852; Blake v. El-dred, 18 id. 240; llathbun v. Mcvrkham, 43 id. 271; Gilmore v. Norton, 10 Kan. 491; Ellis v. Bones, 6 How.
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APPEALS from the County Court of Dodge County. Actions of replevin. The facts are stated in the opinion. To the point that the notice of motion should have specified wherein the answer should be made more definite and certain, they cited 2 "Wait’s Pr. 487; 4 id. 596; Bryant v. Bryant, 2 Rob. (N. Y.), 612; Benedict v. Hake, 6 How. Pr. 852; Blake v. El-dred, 18 id. 240; llathbun v. Mcvrkham, 43 id. 271; Gilmore v. Norton, 10 Kan. 491; Ellis v. Bones, 6 How. Pr. 296; Bellinger v. Martindale, 8 id. 113; Shear v. Hart, 3 id. 74.
1Opinion of the CourtTaxlob, J.
In this case the defendant and appellant appeals from an order, made by the county court of Dodge county in each case, requiring the defendant to make his answer more definite and certain. The orders appealed from read as follows: “ It is hereby ordered that said defendant make the second count of his answer more definite and certain; and that said defendant pay the plaintiff $10 costs of this motion; and that said defendant have twenty days from the date of the service of this order on his attorney within which to comply with the terms of this order; and that meanwhile all further…
2Cases cited3 opinions
- Gilmore v. NortonSupreme Court of Kansas · 1872
- Lusk v. GallowayWisconsin Supreme Court · 1881
- Rathbun v. MarkhamNew York Supreme Court · 1872
3Cited by2 opinions
- Stimson v. StimsonNorth Dakota Supreme Court · 1915
- Squire, Supt. v. G. Trust Co.Ohio Court of Appeals · 1944