Grubb v. Remington
Wisconsin Supreme Court
APPEAL FROM THE DANE CIRCUIT COURT. This is another case involving the practice in cases of alleged frivolous answers. The answer was on motion decided to be frivolous, and that the plaintiff was entitled to judgment. Thereupon the plaintiff’s counsel proceeded to final judgment under section 159 of the code.
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APPEAL FROM THE DANE CIRCUIT COURT. This is another case involving the practice in cases of alleged frivolous answers. The answer was on motion decided to be frivolous, and that the plaintiff was entitled to judgment. Thereupon the plaintiff’s counsel proceeded to final judgment under section 159 of the code. As these questions have been considered in former cases, it is only here necessary to give the opinion of the court, which sets out the facts in the case sufficiently in detail.
1Opinion of the Court
By the Court,
Smith, J.
In this ease, the proper practice in reference to frivolous pleading has been observed, and the proper form of judgment observed.
The complaint was filed for the foreclosure of a mortgage, an answer was put in by the defendant, Remington, which was deemed frivolous by plaintiffs counsel, and they proceeded to judgment thereon in conformity with section 159 of the code of procedure. On the hearing of the application of the *350plaintiff, the circuit judge regarding the answer of the defendant, Remington, as frivolous, decided that the plaintiff was entitled to judgment,…
2Cases cited2 opinions
- Johnson v. JohnsonMassachusetts Supreme Judicial Court · 1814
- Sanger v. Inhabitants of the Third Parish in RoxburyMassachusetts Supreme Judicial Court · 1811
3Cited by5 opinions
- State ex rel. Hovey v. NobleIndiana Supreme Court · 1889
- Atchison, Topeka & Santa Fe R. R. v. People ex rel. Att'y-generalSupreme Court of Colorado · 1879
- Bush v. KollColorado Court of Appeals · 1892
- Bush v. KollColorado Court of Appeals · 1892
- Helfferich v. ShermanSouth Dakota Supreme Court · 1912