Leggett v. Jones
Wisconsin Supreme Court
APPEAL PROM CIRCUXT COURT, DODGE COUNTV. This complaint was in the usual form under the code, setting out the contract sued on, and claiming judgment for the principal and interest; for which judgment was rendered. The other facts will be gathered from the opinion of the court. 1. A demurrer can only be regarded as frivolous when its insufficiency as a defense must be so glaring that the court can determine it upon bare inspection, without argument. Nichols vs. Jones, 6 Pr.
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APPEAL PROM CIRCUXT COURT, DODGE COUNTV. This complaint was in the usual form under the code, setting out the contract sued on, and claiming judgment for the principal and interest; for which judgment was rendered. The other facts will be gathered from the opinion of the court. 1. A demurrer can only be regarded as frivolous when its insufficiency as a defense must be so glaring that the court can determine it upon bare inspection, without argument. Nichols vs. Jones, 6 Pr. R., 358; Lefferts vs. Snediker, 1 Abbott, 42. 2. The instruments sued on aré not promissory notes, although so declared…
1Opinion of the Court
By the Court,
Paine, J.
This action was brought upon two instruments declared on as promissory notes, which were ' in the following form:
“New YORK, May 30, 1858.
“ Thirty days after date, I, the subscriber, of Beaver Dam, - copnty of Dodge, state of Wisconsin, promise to pay to the order of S. & T. Lawrence & Co., with exchange on New York, two hundred twenty-four dollars, at the Dodge County Bank, Beaver Dam. Value received. E. J. JONES.”
*36The complaint was demurred to as not stating facts sufficient to constitute a cause of action; and the plaintiff had judgment for the frivolousness of the…
2Cited by4 opinions
- Seaton v. ScovillSupreme Court of Kansas · 1877
- Morgan v. EdwardsWisconsin Supreme Court · 1881
- Fitzharris v. LeggattMissouri Court of Appeals · 1881
- Smith v. KendallMichigan Supreme Court · 1861